Issue Date: May 31, 2013 11 1020 - Maryland State Archivesmsa.maryland.gov/megafile/msa/speccol/sc5300/sc5339/000113/01… · MARYLAND REGISTER, VOLUME 40, ISSUE 11, FRIDAY, MAY 31,

IN THIS ISSUE

General Assembly

Judiciary

Regulatory Review and

Evaluation

Regulations

Special Documents

General Notices

Volume 40 • Issue 11 • Pages 955—1020

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before May 13, 2013, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of May 13, 2013.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: May 31, 2013

MARYLAND REGISTER, VOLUME 40, ISSUE 11, FRIDAY, MAY 31, 2013

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

published in COMAR, whether by adoption, amendment, repeal, or

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor‘s Executive Orders

• Attorney General‘s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and

date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue

8, pages 815—817 of the Maryland Register issued on April 17,

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR‘s temporary supplement, printing all changes to regulations

as soon as they occur. At least once annually, the changes to

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is

made part of COMAR simply by referring to it. While the text of an

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

document is identified in the Maryland Register by an Editor‘s Note.

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

throughout the State and at the Division of State Documents. These

depositories are listed in the first issue of the Maryland Register

published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

information about past changes to regulations. To determine if there have

been any subsequent changes, check the ‗‗Cumulative Table of COMAR

Regulations Adopted, Amended, or Repealed‘‘ which is found online at

www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations

in numerical order, by their COMAR number, followed by the citation to

the Maryland Register in which the change occurred. The Maryland

Register serves as a temporary supplement to COMAR, and the two

publications must always be used together. A Research Guide for Maryland

Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

the back pages of the Maryland Register. Single issues of the

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is determined. Listed below

are some of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

or in writing, to the proposing agency (see ‗‗Opportunity for Public

Comment‘‘ at the beginning of all regulations appearing in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations.

The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect

to how any regulation, order, or statute enforced by the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription

rate for the Maryland Register is $225 per year (first class mail). All

subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;

Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary

D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey,

Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help

Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic

form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the

buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Contents 957


Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................... 959

COMAR Research Aids Table of Pending Proposals .......................................................... 960

Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page

03 Comptroller of the Treasury .............................................. 978

08 Department of Natural Resources ..................................... 980

09 Department of Labor, Licensing, and Regulation ............. 986

10 Department of Health and Mental Hygiene .............. 975, 988

12 Department of Public Safety and Correctional Services ...... 978

13A State Board of Education .......................................... 975, 995

14 Independent Agencies ............................................... 975, 978

18 Department of Assessments and Taxation ........................ 977

23 Board of Public Works .................................................... 1000

31 Maryland Insurance Administration ................................. 979

33 State Board of Elections .................................................. 1001

36 Maryland State Lottery and Gaming Control Agency ...... 974

PERSONS WITH DISABILITIES Individuals with disabilities who desire assistance in using the

publications and services of the Division of State Documents are

encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to

(410) 974-2546, or through Maryland Relay.

General Assembly

SYNOPSIS NO. 8 .................................................................. 964

The Judiciary

ADMINISTRATIVE OFFICE OF THE COURTS ADMINISTRATIVE MEMORANDUM 13-1

ADMINISTRATIVE REGULATION XIX COST

SCHEDULE ................................................................... 969

Regulatory Review and Evaluation

INDEPENDENT AGENCIES WORKERS‘ COMPENSATION COMMISSION

Notice of Public Meeting to Take Comments on Draft

Reorganization of Proposed Regulations .................... 973

Emergency Action on Regulations

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY TABLE GAMES

Pai Gow Tiles Rules .......................................................... 974 Ultimate Texas Hold ‗Em Rules ........................................ 974 Mini Baccarat Rules........................................................... 974

Final Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE HOSPITALS

Hospice Care Programs: Hospice House Requirements..... 975

13A STATE BOARD OF EDUCATION SUPPORTING PROGRAMS

Head Injuries and Concussions in Extracurricular Athletic

Events ............................................................................. 975 14 INDEPENDENT AGENCIES

OFFICE FOR CHILDREN Standards for Residential Child Care Programs ................ 975

18 DEPARTMENT OF ASSESSMENTS AND TAXATION BUSINESS ORGANIZATIONS

Acceptance of Documents ................................................. 977

Withdrawal of Regulations

03 COMPTROLLER OF THE TREASURY ADMISSIONS AND AMUSEMENT TAX

Admissions and Amusement Tax ...................................... 978 12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL

REPOSITORY Implementation of the Criminal Justice Information System

Statute ............................................................................. 978 Criminal History Records Check of Individuals Who Care for

or Supervise Children ..................................................... 978 Criminal History Records Check for Individuals Who Work

for an Adult Dependent Care Program ........................... 978 Criminal History Record Information Checks for Applicants

for Hazardous Materials Endorsements — Commercial

Driver‘s Licenses ............................................................ 978 Use of Private Provider Services for Non-Criminal Justice

Purposes ......................................................................... 978 14 INDEPENDENT AGENCIES

PUBLIC SCHOOL LABOR RELATIONS BOARD General Procedures ............................................................ 978

31 MARYLAND INSURANCE ADMINISTRATION MISCELLANEOUS

Premium Finance Agreements — Finance Charges .......... 979

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES

Striped Bass ....................................................................... 980 09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION REAL ESTATE COMMISSION

General Regulations .......................................................... 986 BOARD OF PLUMBING

Responsibilities of Licensees............................................. 987 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

HOSPITALS Related Institutions — Residential Treatment Centers for

Emotionally Disturbed Children and Adolescents .......... 988 Forensic Residential Centers (FRCs) ................................. 988 License Fee Schedule for Hospitals and Related

Institutions ...................................................................... 988 Intermediate Care Facilities for Individuals with

Intellectual Disabilities or Persons with Related Conditions

(ICF/IID) ........................................................................ 988 ADULT HEALTH

Day Care for the Elderly and Adults with a Medical

Disability ........................................................................ 988

Contents 958


DEVELOPMENTAL DISABILITIES Administrative Requirements for Licensees ...................... 989

BOARD OF MORTICIANS AND FUNERAL DIRECTORS Mortuary Transport Services ............................................. 990

BOARD OF PHARMACY Pharmaceutical Services to Patients in Comprehensive Care

Facilities ......................................................................... 993 BOARD OF NURSING — ELECTROLOGY PRACTICE

COMMITTEE Licensure ........................................................................... 994 Continuing Education ........................................................ 994 Fees .................................................................................... 994

13A STATE BOARD OF EDUCATION SUPPORTING PROGRAMS

Interscholastic Athletics in the State .................................. 995 23 BOARD OF PUBLIC WORKS

PUBLIC SCHOOL CONSTRUCTION Indoor Environmental Quality Standard .......................... 1000

33 STATE BOARD OF ELECTIONS VOTER REGISTRATION

Changes, Deaths, Convictions ......................................... 1001 CANVASSING

Definitions; General Provisions ....................................... 1002 Post-Election Verification and Audit ............................... 1002

VOTING SYSTEMS — CERTIFICATION AND GENERAL

REQUIREMENTS Definitions; General Provisions ....................................... 1002 Minimum System Requirements ...................................... 1002 State Board Certification — Preliminary Submissions .... 1002 State Board Certification — Evaluation and Decision ..... 1002 State Board — Acquisition and Acceptance .................... 1002 Implementation and Use .................................................. 1002 Compliance and Decertification ...................................... 1002

VOTING SYSTEMS — SYSTEM REQUIREMENTS AND

PROCEDURES AccuVote-TS ................................................................... 1006

ABSENTEE BALLOTS Definitions; General Provisions ....................................... 1006 Applications ..................................................................... 1006 Issuance and Return ......................................................... 1006 Canvass of Ballots — Procedures .................................... 1006

CAMPAIGN FINANCING Definitions ....................................................................... 1007 Authority Line Requirements; Electronic Media ............. 1007 Prohibitions ...................................................................... 1007

PRECINCTS, POLLING PLACES, AND FACILITIES New or Changed Precincts ............................................... 1009

PROVISIONAL VOTING Canvass of Ballots — Procedures .................................... 1010

Special Documents

DEPARTMENT OF THE ENVIRONMENT ADVANCE NOTICE OF PROPOSED RULEMAKING

(ANPRM) — 2013 TRIENNIAL REVIEW OF WATER

QUALITY STANDARDS ............................................ 1011 SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting ................................................... 1015 DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD Proposed Additions to Handgun Roster and Notice of Right

to Object or Petition .................................................. 1016

General Notices

BOARD OF CHIROPRACTIC AND MASSAGE THERAPY

EXAMINERS Public Meeting ................................................................ 1017 Public Meeting ................................................................ 1017

COMMUNICATIONS TAX REFORM COMMISSION Public Meeting ................................................................ 1017

BOARD OF COSMETOLOGISTS Public Meeting ................................................................ 1017

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD Public Meeting ................................................................ 1017

MARYLAND STATE BOARD OF EDUCATION Public Meeting ................................................................ 1017

ELEVATOR SAFETY REVIEW BOARD Public Meeting ................................................................ 1017

STATEWIDE EMERGENCY MEDICAL SERVICES

ADVISORY COUNCIL (SEMSAC) Public Meeting ................................................................ 1017

EMERGENCY MEDICAL SERVICES BOARD Public Meeting ................................................................ 1017

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL

SERVICES SYSTEMS (MIEMSS) Listing of Cardiac Interventional Centers Requesting

Reverification of Status and Call for Applications from

Hospitals Wishing to Be Considered for Designation .... 1017 BOARD FOR PROFESSIONAL ENGINEERS

Public Meeting ................................................................ 1018 FIRE PREVENTION COMMISSION

Public Meeting ................................................................ 1018 DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/LABORATORIES ADMINISTRATION Call for Pharmacist Nominations for Drug Utilization

Review(DUR) Board .................................................... 1018 BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting ................................................................ 1018

DEPARTMENT OF HUMAN RESOURCES Public Hearing ................................................................. 1018 Public Hearing ................................................................. 1018

MARYLAND INSURANCE ADMINISTRATION Public Hearing ................................................................. 1019 Public Meeting ................................................................ 1019 Public Meeting ................................................................ 1019 Public Meeting ................................................................ 1019 Public Meeting ................................................................ 1019

STATE ADVISORY BOARD FOR JUVENILE SERVICES Public Meeting ................................................................ 1019

BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS Public Meeting ................................................................ 1019

MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ 1019 Formal Start of Review — Notice of Docketing ............. 1019

MARYLAND PUBLIC BROADCASTING COMMISSION Public Meeting ................................................................ 1019

BOARD OF EXAMINERS OF NURSING HOME

ADMINISTRATORS Public Meeting ................................................................ 1019

BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ................................................................ 1019

BOARD OF PILOTS Public Meeting ................................................................ 1020

Contents 959


BOARD OF PLUMBING Public Meeting ................................................................. 1020

BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting ................................................................. 1020 Public Meeting ................................................................. 1020 Public Meeting ................................................................. 1020

BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting ................................................................. 1020

RACING COMMISSION Public Meeting ................................................................. 1020

COMMISSION OF REAL ESTATE APPRAISERS AND

HOME INSPECTORS Public Meeting ................................................................. 1020

STATE RETIREMENT AGENCY Public Meeting ................................................................. 1020

COMAR Online The Code of Maryland Regulations is available at

www.dsd.state.md.us as a free service of the Office of the

Secretary of State, Division of State Documents. The full text

of regulations is available and searchable. Note, however, that

the printed COMAR continues to be the only official and

enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

For additional information, visit www.sos.state.md.us,

Division of State Documents, or call us at (410) 974-2486 or 1

(800) 633-9657.

Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers and

agencies. The Department prepares and distributes, for a fee, a

list of these publications under the title ‗‗Maryland

Documents‘‘. This list is published monthly, and contains

bibliographic information concerning regular and special

reports, bulletins, serials, periodicals, catalogues, and a variety

of other State publications. ‗‗Maryland Documents‘‘ also

includes local publications.

Anyone wishing to receive ‗‗Maryland Documents‘‘

should write to: Legislative Sales, Maryland Department of

Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES

through JANUARY 24, 2014

Issue

Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m. June 14** May 23 June 5 June 3

June 28 June 10 June 19 June 17

July 12** June 24 July 2 June 28

July 26 July 8 July 17 July 15

August 9 July 22 July 31 July 29

August 23 August 5 August 14 August 12

September 6** August 19 August 26 August 23

September 20** August 29 September 11 September 9

October 4 September 16 September 25 September 23

October 18 September 30 October 9 October 7

November 1** October 11 October 23 October 21

November 15 October 28 November 6 November 4

December 2*** November 8 November 18 November 15

December 13 November 25 December 4 December 2

December 27** December 9 December 16 December 13

January 10** December 23 December 30 December 27

January 24** January 6 January 14 January 13

* Due date for documents containing 8 to 18 pages — 48 hours

before date shown; due date for documents exceeding 18 pages — 1

week before date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN

TIMES NEW ROMAN, 9 POINT, SINGLE-SPACED

FORMAT. THE REVISED PAGE COUNT REFLECTS

THIS FORMATTING.

** Note closing date changes

*** Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

http://www.dsd.state.md.us/

http://www.sos.state.md/

960


Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in

the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR).

The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a

citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by

―(err)‖. Regulations referencing a document incorporated by reference are followed by ―(ibr)‖. None of the proposals listed in this table have

been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.01.01.04 • 40:3 Md. R. 221 (2-8-13)

03.04.01.01 • 40:8 Md. R. 726 (4-19-13)

03.04.02.03 • 40:8 Md. R. 726 (4-19-13)

03.04.03.06 • 40:8 Md. R. 726 (4-19-13)

03.04.09.01—.03,.05 • 40:8 Md. R. 726 (4-19-13)

03.04.12.08 • 40:8 Md. R. 726 (4-19-13)

03.06.01.08 • 40:3 Md. R. 222 (2-8-13)

03.06.01.09 • 40:3 Md. R. 223 (2-8-13)

03.06.01.10 • 40:3 Md. R. 223 (2-8-13)

03.06.01.22 • 40:3 Md. R. 224 (2-8-13)

03.06.01.28 • 40:2 Md. R. 77 (1-25-13)

03.06.01.43 • 40:3 Md. R. 226 (2-8-13)

03.06.01.45 • 40:3 Md. R. 227 (2-8-13)

03.06.03.02 • 40:3 Md. R. 227 (2-8-13)

03.06.03.05 • 40:3 Md. R. 228 (2-8-13)

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

05.19.02.01—.04 • 40:9 Md. R. 791 (5-3-13)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.11 • 40:10 Md. R. 947 (5-17-13) (err)

07.02.11.12 • 40:9 Md. R. 792 (5-3-13)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.05.12,.21 • 40:8 Md. R. 728 (4-19-13)

08.02.10.01 • 40:9 Md. R. 793 (5-3-13)

08.02.15.02,.04,.05,.07,.12 • 40:11 Md. R. 980 (5-31-13)

08.02.23.02—.04 • 40:9 Md. R. 794 (5-3-13)

08.03.09.07 • 40:10 Md. R. 918 (5-17-13)

08.06.01.03 • 40:8 Md. R. 729 (4-19-13)

08.18.05.01—.03 • 40:8 Md. R. 729 (4-19-13)

08.18.06.01—.05 • 40:10 Md. R. 925 (5-17-13)

08.18.07.01,.02 • 40:10 Md. R. 926 (5-17-13)

08.18.11.01—.05 • 40:7 Md. R. 614 (4-5-13)

08.18.25.01—.05 • 40:7 Md. R. 615 (4-5-13)

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

09.09.02.01—.03 • 40:6 Md. R. 478 (3-22-13)

09.10.01.07 • 40:9 Md. R. 796 (5-3-13)

09.11.01.05,.14 • 40:11 Md. R. 986 (5-31-13)

09.12.31 • 40:10 Md. R. 929 (5-17-13)

09.12.81.01 • 40:8 Md. R. 730 (4-19-13) (ibr)

09.14.04.12 • 40:3 Md. R. 237 (2-8-13)

09.14.05.01 • 40:3 Md. R. 238 (2-8-13)

09.14.05.03 • 40:3 Md. R. 239 (2-8-13)

09.15.05.01—.03 • 40:3 Md. R. 240 (2-8-13) (ibr)

09.17.01.01—.03 • 40:7 Md. R. 618 (4-5-13)

09.20.03.02 • 40:11 Md. R. 987 (5-31-13)

09.20.04.01,.02 • 40:8 Md. R. 730 (4-19-13)

09.20.04.02 • 40:9 Md. R. 819 (5-3-13) (err)

09.21.05.01—.12 • 40:9 Md. R. 796 (5-3-13)

09.34.05.01,.02 • 39:20 Md. R. 1315 (10-5-12)

09.34.06.01—.13 • 39:20 Md. R. 1315 (10-5-12)

09.34.07.01—.06 • 39:20 Md. R. 1315 (10-5-12)

09.34.08.01—.12 • 39:20 Md. R. 1315 (10-5-12)

09.34.09.01,.02 • 39:20 Md. R. 1315 (10-5-12)

09.36.08.01—.05 • 40:8 Md. R. 732 (4-19-13)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01 — 08 (1st Volume)

10.07.04.02 • 40:11 Md. R. 988 (5-31-13)

10.05.05.03 • 39:15 Md. R. 976 (7-27-12)

10.07.05.04 • 39:15 Md. R. 977 (7-27-12)

10.07.14.07 • 39:15 Md. R. 978 (7-27-12)

PENDING PROPOSALS

961


10.07.13.02,.04 • 40:11 Md. R. 988 (5-31-13)

10.07.15.01,.03 • 40:11 Md. R. 988 (5-31-13)

10.07.20.01—.03 • 40:11 Md. R. 988 (5-31-13)

Subtitle 09 (2nd volume)

10.09.35.01,.04,.05,.07 • 40:6 Md. R. 480 (3-22-13)

10.09.47.03 • 40:6 Md. R. 482 (3-22-13)

10.09.48.01—18 • 40:8 Md. R. 734 (4-19-13)

10.09.83.01—.07 • 39:23 Md. R. 1546 (11-16-12)

40:6 Md. R. 482 (3-22-13)

Subtitles 10 — 22 (3rd Volume)

10.10.04.02 • 39:15 Md. R. 979 (7-27-12)

10.12.04.02 • 40:11 Md. R. 988 (5-31-13)

10.22.02.01 • 40:2 Md. R. 99 (1-25-13) (ibr)

10.22.02.13 • 40:11 Md. R. 989 (5-31-13)

Subtitles 23 — 36 (4th Volume)

10.24.01.01 • 39:25 Md. R. 1622 (12-14-12)

10.25.02.02 • 40:6 Md. R. 483 (3-22-13)

10.25.03.02 • 40:6 Md. R. 484 (3-22-13)

10.26.01.03 • 40:10 Md. R. 929 (5-17-13)

10.26.02.05 • 40:10 Md. R. 929 (5-17-13)

10.29.01.01,.10—.13 • 39:20 Md. R. 1326 (10-5-12)

10.29.03.04 • 40:10 Md. R. 931 (5-17-13)

10.29.16.01,.02 • 39:20 Md. R. 1326 (10-5-12)

10.29.17.01—.10 • 39:20 Md. R. 1326 (10-5-12)

10.29.18.01—.06 • 39:20 Md. R. 1326 (10-5-12)

10.29.19.01—.12 • 39:20 Md. R. 1326 (10-5-12)

10.29.20.01,.02 • 39:20 Md. R. 1326 (10-5-12)

10.29.21.01—.11 • 40:11 Md. R. 990 (5-31-13)

10.29.22.01 • 40:10 Md. R. 931 (5-17-13)

10.32.03.17,.18 • 39:15 Md. R. 981 (7-27-12)

40:9 Md. R. 798 (5-3-13)

10.32.06.12,.13 • 39:15 Md. R. 986 (7-27-12)

40:9 Md. R. 800 (5-3-13)

10.32.08.01—.12 • 39:16 Md. R. 1091 (8-10-12)

40:9 Md. R. 801 (5-3-13)

10.32.10.04,.05,.05-1,.05-2,.06 • 40:2 Md. R. 106 (1-25-13)

10.32.10.16,.19 • 39:15 Md. R. 990 (7-27-12)

40:9 Md. R. 802 (5-3-13)

10.32.11.15,.16 • 39:15 Md. R. 994 (7-27-12)

40:9 Md. R. 803 (5-3-13)

10.34.14.01,.03—.05 • 40:8 Md. R. 741 (4-19-13)

10.34.22.02,.03,.03-1,.05,.09—.11 • 40:8 Md. R. 742 (4-19-13)

10.34.23.03,.09 • 40:11 Md. R. 993 (5-31-13)

10.34.30.01,.01-1 • 40:8 Md. R. 741 (4-19-13)

Subtitles 37—60 (5th Volume)

10.41.08.11 • 39:18 Md. R. 1209 (9-7-12)

10.53.02.04 • 40:11 Md. R. 994 (5-31-13)

10.53.04.02—.04 • 40:11 Md. R. 994 (5-31-13)

10.53.12.01 • 40:11 Md. R. 994 (5-31-13)

10.54.01.19 • 40:6 Md. R. 485 (3-22-13)

10.58.07.01—.20 • 40:8 Md. R. 745 (4-19-13)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 01—10

11.04.02.01,.05 • 40:2 Md. R. 130 (1-25-13)

Subtitles 11—22 (MVA)

11.11.05.02 • 39:22 Md. R. 1454 (11-2-12)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

12.04.01.09,.14 • 40:7 Md. R. 619 (4-5-13)

12.04.02.03 • 40:7 Md. R. 620 (4-5-13)

12.10.05.06 • 40:7 Md. R. 620 (4-5-13)

13A STATE BOARD OF EDUCATION

13A.06.03.02—.07,.09,.11 • 40:11 Md. R. 995 (5-31-13)

13A.07.06.01 • 40:9 Md. R. 805 (5-3-13)

13A.12.01.02,.06,.11 • 39:22 Md. R. 1458 (11-2-12)

13A.13.01.01—.14 • 40:2 Md. R. 132 (1-25-13)

13A.13.02.01—.08 • 40:1 Md. R. 42 (1-11-13)

13A.15.01.02 • 40:8 Md. R. 755 (4-19-13)

13A.15.02.01,.05 • 40:8 Md. R. 755 (4-19-13)

13A.15.03.03 • 40:8 Md. R. 755 (4-19-13)

13A.15.05.01 • 40:8 Md. R. 755 (4-19-13)

13A.15.07.07 • 40:8 Md. R. 755 (4-19-13)

13A.15.11.04 • 40:8 Md. R. 755 (4-19-13)

13A.15.13.07 • 40:8 Md. R. 755 (4-19-13)

13A.16.01.02 • 40:8 Md. R. 757 (4-19-13)

13A.16.03.03 • 40:8 Md. R. 757 (4-19-13)

13A.16.05.10 • 40:8 Md. R. 757 (4-19-13)

13A.16.11.04 • 40:8 Md. R. 757 (4-19-13)

13A.16.18.02 • 40:8 Md. R. 757 (4-19-13)

13A.17.01.02 • 40:8 Md. R. 759 (4-19-13)

13A.17.03.03 • 40:8 Md. R. 759 (4-19-13)

13A.17.05.10 • 40:8 Md. R. 759 (4-19-13)

13A.17.11.04 • 40:8 Md. R. 759 (4-19-13)

13A.18.01.02 • 40:8 Md. R. 761 (4-19-13)

13A.18.02.01 • 40:8 Md. R. 761 (4-19-13)

13A.18.03.03 • 40:8 Md. R. 761 (4-19-13)

13A.18.05.10 • 40:8 Md. R. 761 (4-19-13)

13A.18.06.06 • 40:8 Md. R. 761 (4-19-13)

13A.18.08.02,.03 • 40:8 Md. R. 761 (4-19-13)

13A.18.11.04 • 40:8 Md. R. 761 (4-19-13)

13A.18.14.07 • 40:8 Md. R. 761 (4-19-13)

14 INDEPENDENT AGENCIES

14.01.01.01,.02 • 40:7 Md. R. 629 (4-5-13)

14.01.02.01 —.13 • 40:7 Md. R. 629 (4-5-13)

14.01.03.01 —.15 • 40:7 Md. R. 629 (4-5-13)

14.01.04.01 — .07 • 40:7 Md. R. 629 (4-5-13)

14.01.05.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.06.01 — .03 • 40:7 Md. R. 629 (4-5-13)

14.01.07.01 — .15 • 40:7 Md. R. 629 (4-5-13)

14.01.08.01 — .04 • 40:7 Md. R. 629 (4-5-13)

14.01.09.01 — .06 • 40:7 Md. R. 629 (4-5-13)

14.01.10.01 — .20 • 40:7 Md. R. 629 (4-5-13)

14.01.11.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.12.01 — .07 • 40:7 Md. R. 629 (4-5-13)

14.01.13.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.14.01 — .50 • 40:7 Md. R. 629 (4-5-13)

14.01.15.01 — .33 • 40:7 Md. R. 629 (4-5-13)

14.01.16.01 — .11 • 40:7 Md. R. 629 (4-5-13)

14.01.17.01 — .09 • 40:7 Md. R. 629 (4-5-13)

14.01.18.01 — .06 • 40:7 Md. R. 629 (4-5-13)

14.01.19.01 — .04 • 40:7 Md. R. 629 (4-5-13)

14.01.20.01 — .04 • 40:7 Md. R. 629 (4-5-13)

PENDING PROPOSALS

962


14.30.07.04 • 39:6 Md. R. 448 (3-23-12) 14.30.11.12 • 39:6 Md. R. 448 (3-23-12)

15 DEPARTMENT OF AGRICULTURE

15.05.01.01,.14 • 40:2 Md. R. 153 (1-25-13)

40:9 Md. R. 805 (5-3-13)

15.15.06.01—.07 • 40:9 Md. R. 806 (5-3-13)

15.20.06.01,.02,.04,.05,.07 • 40:2 Md. R. 157 (1-25-13)

15.20.07.02 • 40:2 Md. R. 162 (1-25-13) (ibr)

15.20.08.05 • 40:2 Md. R. 162 (1-25-13)

15.20.10.01—.03,.05,.07—.17 • 40:2 Md. R. 157 (1-25-13)

17 DEPARTMENT OF BUDGET AND MANAGEMENT

17.04.13.01,.03,.03-1,.06 • 40:9 Md. R. 808 (5-3-13)

20 PUBLIC SERVICE COMMISSION

20.61.01.03 • 40:8 Md. R. 763 (4-19-13)

20.61.02.01,.03 • 40:8 Md. R. 763 (4-19-13)

20.61.03.02 • 40:8 Md. R. 763 (4-19-13)

23 BOARD OF PUBLIC WORKS

23.03.06.01—.04 • 40:11 Md. R. 1000 (5-31-13) (ibr)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 08—12 (Part 2)

26.11.01.01 • 40:7 Md. R. 621 (4-5-13)

26.11.01.01 • 40:7 Md. R. 623 (4-5-13)

26.11.02.17,.19 • 39:24 Md. R. 1584 (11-30-12)

26.11.06.14 • 40:7 Md. R. 621 (4-5-13)

26.11.09.08 • 39:16 Md. R. 1120 (8-10-12)

39:16 Md. R. 1122 (8-10-12)

26.11.14.06—.08 • 39:16 Md. R. 1120 (8-10-12)

26.11.17.01,.02 • 40:7 Md. R. 623 (4-5-13)

26.11.27.02,.03 • 40:7 Md. R. 626 (4-5-13)

26.11.29 • 39:17 Md. R. 1177 (8-24-12) (err)

26.11.29.01—.05 • 39:16 Md. R. 1124 (8-10-12)

26.11.30.01—.08 • 39:16 Md. R. 1122 (8-10-12)

26.11.37.01—.04 • 40:7 Md. R. 627 (4-5-13)

26.12.01.01 • 40:10 Md. R. 932 (5-17-13) (ibr)

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.01.01 • 40:6 Md. R. 489 (3-22-13)

27.01.04.03 • 40:6 Md. R. 489 (3-22-13)

27.03.01.01,.04 • 40:6 Md. R. 489 (3-22-13)

31 MARYLAND INSURANCE ADMINISTRATION

31.08.05.02,.03 • 39:20 Md. R. 1345 (10-5-12)

40:9 Md. R. 810 (5-3-13)

31.08.12.02—.06 • 39:20 Md. R. 1346 (10-5-12)

31.08.13.01—.06 • 39:26 Md. R. 1674 (12-28-12)

33 STATE BOARD OF ELECTIONS

33.05.06.03 • 40:11 Md. R. 1001 (5-31-13)

33.08.01.01 • 40:11 Md. R. 1002 (5-31-13)

33.08.05.01—.07 • 40:11 Md. R. 1002 (5-31-13)

33.09.01.01—.05,.07 • 40:11 Md. R. 1002 (5-31-13)

33.09.02.04 • 40:11 Md. R. 1002 (5-31-13)

33.09.03.01,.02,.04—.06,.08 • 40:11 Md. R. 1002 (5-31-13)

33.09.04.01,.03,.05—.07 • 40:11 Md. R. 1002 (5-31-13)

33.09.05.02—.06 • 40:11 Md. R. 1002 (5-31-13)

33.09.06.01—.04 • 40:11 Md. R. 1002 (5-31-13)

33.09.07.02,.06,.08 • 40:11 Md. R. 1002 (5-31-13)

33.10.02.14 • 40:11 Md. R. 1006 (5-31-13)

33.11.01.01 • 40:11 Md. R. 1006 (5-31-13)

33.11.02.03,.06 • 40:11 Md. R. 1006 (5-31-13)

33.11.03.08 • 40:11 Md. R. 1006 (5-31-13)

33.11.04.03 • 40:11 Md. R. 1006 (5-31-13)

33.13.01.01 • 40:11 Md. R. 1007 (5-31-13)

33.13.07.01,.02,.05,.06 • 40:11 Md. R. 1007 (5-31-13)

33.13.10.02,.03 • 40:11 Md. R. 1007 (5-31-13)

33.15.02.05 • 40:11 Md. R. 1009 (5-31-13)

33.16.05.02 • 40:11 Md. R. 1010 (5-31-13)

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

36.02.01.01 • 40:5 Md. R. 415 (3-8-13)

36.02.02.01—.10 • 40:5 Md. R. 415 (3-8-13)

36.02.03.01—.10 • 40:5 Md. R. 415 (3-8-13)

36.02.04.01—.08 • 40:5 Md. R. 415 (3-8-13)

36.02.05.01—.03 • 40:5 Md. R. 415 (3-8-13)

36.02.06.01—.18 • 40:5 Md. R. 415 (3-8-13)

36.02.07.01,.02 • 40:5 Md. R. 415 (3-8-13)

36.02.08.01—.09 • 40:5 Md. R. 415 (3-8-13)

36.03.01.01—.04 • 40:6 Md. R. 490 (3-22-13)

36.03.02.01—.18 • 40:6 Md. R. 490 (3-22-13)

36.03.03.01—.09 • 40:6 Md. R. 490 (3-22-13)

36.03.04.01—.10 • 40:10 Md. R. 933 (5-17-13)

36.03.05.01—.03 • 40:6 Md. R. 490 (3-22-13)

36.03.06.01—.03 • 40:6 Md. R. 490 (3-22-13)

36.03.07.01—.08 • 40:6 Md. R. 490 (3-22-13)

36.03.08.01—.04 • 40:6 Md. R. 490 (3-22-13)

36.03.09.01,.02 • 40:6 Md. R. 490 (3-22-13)

36.03.10.01—.49 • 40:6 Md. R. 490 (3-22-13)

36.03.11.01—.08 • 40:6 Md. R. 490 (3-22-13)

36.03.12.01—.06 • 40:6 Md. R. 490 (3-22-13)

36.05.01.01,.02 • 40:6 Md. R. 541 (3-22-13)

36.05.02.01—.19 • 40:6 Md. R. 541 (3-22-13)

36.05.03.01—.24 • 40:6 Md. R. 541 (3-22-13)

36.05.04.01—.14 • 40:6 Md. R. 541 (3-22-13)

36.05.04.04 • 40:8 Md. R. 765 (4-19-13) (err)

36.05.05.01—.11 • 40:6 Md. R. 541 (3-22-13)

36.05.06.01—.18 • 40:7 Md. R. 629 (4-5-13)

36.05.07.01—.06 • 40:7 Md. R. 629 (4-5-13)

36.05.08.01—.03 • 40:7 Md. R. 629 (4-5-13)

36.05.09.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.10.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.11.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.12.01—.14 • 40:7 Md. R. 629 (4-5-13)

36.05.13.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.13.09 • 40:8 Md. R. 765 (4-19-13) (err)

36.05.14.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.15.01—.10 • 40:9 Md. R. 811 (5-3-13)

36.05.16.01—.13 • 40:10 Md. R. 936 (5-17-13)

36.05.17.01—.13 • 40:10 Md. R. 936 (5-17-13)

36.06.01.01—.03 • 40:4 Md. R. 381 (2-22-13)

36.06.02.01,.02 • 40:4 Md. R. 381 (2-22-13)

36.06.03.01—.16 • 40:4 Md. R. 381 (2-22-13)

36.06.04.01—.05 • 40:4 Md. R. 381 (2-22-13)

PENDING PROPOSALS

963


36.06.05.01—.10 • 40:4 Md. R. 381 (2-22-13)

36.07.01.01—.03 • 40:5 Md. R. 431 (3-8-13)

36.07.02.01—.18 • 40:5 Md. R. 431 (3-8-13)

36.07.03.01—.03 • 40:5 Md. R. 431 (3-8-13)

36.07.04.01—.19 • 40:5 Md. R. 431 (3-8-13)

36.07.05.01 • 40:5 Md. R. 431 (3-8-13)

964


The General Assembly For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill

Information and Status. You may then enter a specific bill number for information about that bill. You may also click on Senate Synopsis or

House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning

of the legislative session.

SYNOPSIS NO. 8

Chapters

CH0424 HB0101 (Enrolled). The Speaker (Admin). Creation of a

State Debt - Maryland Consolidated Capital Bond Loan of 2013, and

the Maryland Consolidated Capital Bond Loans of 2005, 2006, 2007,

2008, 2009, 2010, 2011, and 2012.

CH0425 HB0102 (Enrolled). The Speaker (Admin). Budget

Reconciliation and Financing Act of 2013.

CH0426 HB0115 The Speaker (Admin). Creation of a State Debt -

Qualified Zone Academy Bonds.

CH0427 SB0281 (Enrolled). The President (Admin), et al. Firearm

Safety Act of 2013.

CH0428 SB0841 (Amended). The President (Admin), et al. Higher

Education Fair Share Act.

CH0429 HB1515 (Amended). The Speaker (Admin).

Transportation Infrastructure Investment Act of 2013.

CH0430 HB1372 (Enrolled). Dels Jones and Griffith. Prior

Authorizations of State Debt to Fund Capital Projects - Alterations.

CH0431 HB0292 (Amended). Chr JUD (Dept). Public Safety -

Statewide DNA Data Base System - DNA Sample Collection on

Arrest - Reporting Requirement and Repeal of Sunset.

CH0432 SB0002 (Amended). Sen Colburn. Dorchester County -

Turkey Hunting on Public Land - Sundays.

CH0433 HB0066 (Amended). Dorchester County Delegation.

Dorchester County - Turkey Hunting on Public Land - Sundays.

CH0434 SB0027 (Enrolled). Sen Astle, et al. Chesapeake

Conservation Corps Program - Funding Extension.

CH0435 HB0385 (Amended). Del S. Robinson, et al. Chesapeake

Conservation Corps Program - Funding Extension.

CH0436 SB0042 (Amended). Sen Montgomery, et al. State

Government - Commemorative Days - Maryland Emancipation Day.

CH0437 SB0047 (Enrolled). Sen Young, et al. Procurement -

Purchase of American Manufactured Goods.

CH0438 HB0191 (Enrolled). Del Mitchell, et al. Procurement -

Purchase of American Manufactured Goods.

CH0439 SB0058 Chr EHE (Dept). Adult Education and Literacy

Services - High School Diploma by Examination - Eligibility

Requirements.

CH0440 SB0066 (Enrolled). Chr EHE (Dept). Maryland Home

Improvement Commission - Membership, Quorum, Meetings, and

Reports.

CH0441 SB0082 (Enrolled). Chr FIN (Dept). Elevator Safety -

Third-Party Inspectors - Certification.

CH0442 SB0109 (Amended). Sen Kelley, et al. Criminal Law -

Cannabimimetic Agents - Prohibition.

CH0443 SB0124 (Enrolled). Sen Peters, et al. Income Tax Credit

for Qualifying Employees - Sunset Repeal.

CH0444 SB0149 Sen Colburn. Dorchester County - Alcoholic

Beverages - Micro-Breweries.

CH0445 HB0068 Dorchester County Delegation. Dorchester

County - Alcoholic Beverages - Micro-Breweries.

CH0446 SB0150 Sen Colburn. Dorchester County - Alcoholic

Beverages - Refillable Containers.

CH0447 HB0133 Dorchester County Delegation. Dorchester

County - Alcoholic Beverages - Refillable Containers.

CH0448 SB0161 (Enrolled). Sen Kelley and Muse. Real Property -

Common Ownership Communities - Foreclosure of Liens.

CH0449 HB0286 (Enrolled). Del Niemann, et al. Real Property -

Common Ownership Communities - Foreclosure of Liens.

CH0450 SB0190 (Amended). Sens Shank and Simonaire. State

Government - Notary Public - Appointment.

CH0451 SB0194 (Enrolled). Sen Kelley, et al. Education - Charter

Schools - Study to Recommend Improvements to the Maryland

Public Charter School Program.

CH0452 SB0202 (Enrolled). Sen King, et al. Recordation and

Transfer Taxes - Transfer of Property Between Related Entities -

Exemption.

CH0453 HB0372 (Enrolled). Del Barve, et al. Recordation and

Transfer Taxes - Transfer of Property Between Related Entities -

Exemption.

CH0454 SB0280 Chr EHE (Dept). Landscape Architects - License

Renewal - Continuing Professional Competency Requirement.

CH0455 SB0332 (Amended). Sen Gladden. Estates and Trusts -

Special and Supplemental Needs Trusts - Regulations by State

Agencies.

CH0456 SB0334 (Enrolled). Sen Jones-Rodwell, et al.

Mammograms - Dense Breast Tissue - Notification.

CH0457 HB0312 (Amended). Del Pena-Melnyk, et al.

Mammograms - Dense Breast Tissue - Notification.

CH0458 SB0342 (Amended). Sen Madaleno. State Government -

Access to Public Records in Electronic Formats - Termination Date.

CH0459 HB0070 (Amended). Del Carr. State Government -

Access to Public Records in Electronic Formats - Termination Date.

CH0460 SB0349 (Enrolled). Sens Colburn and Mathias. Wicomico

County Liquor Act of 2013.

CH0461 HB0275 (Amended). Wicomico County Delegation.

Wicomico County Liquor Act of 2013.

CH0462 SB0366 (Amended). Sen Jones-Rodwell (BCA), et al.

Baltimore City - Extinguishment or Redemption of Ground Rents.

CH0463 SB0370 (Amended). Sen Edwards. Garrett County -

County Commissioners - Industrial Wind Energy Conversion

Systems.

CH0464 SB0383 (Enrolled). Sen Raskin, et al. Real Property -

Maryland Mortgage Assistance Relief Services Act.

CH0465 HB0291 (Enrolled). Del Feldman. Real Property -

Maryland Mortgage Assistance Relief Services Act.

CH0466 SB0428 Carroll County Senators. Carroll County - Board

of Education - Nonvoting Student Representative.

CH0467 HB0319 Carroll County Delegation. Carroll County -

Board of Education - Nonvoting Student Representative.

CH0468 SB0429 Carroll County Senators. Carroll County -

Budgeting and Finance Procedures - Surplus Funds.

CH0469 HB0305 Carroll County Delegation. Carroll County -

Budgeting and Finance Procedures - Surplus Funds.

CH0470 SB0461 (Amended). Sen Conway, et al. Primary and

Secondary Education - Online Courses and Services - Accessibility.

CH0471 HB1176 (Amended). Del Hixson, et al. Primary and

Secondary Education - Online Courses and Services - Accessibility.

CH0472 SB0470 (Amended). Sen Mathias. Employees‘ Pension

System - Somerset County Economic Development Commission -

Eligible Governmental Unit.

http://mlis.state.md.us/

THE GENERAL ASSEMBLY

965


CH0473 HB0492 (Amended). Del Otto. Employees‘ Pension

System - Somerset County Economic Development Commission -

Eligible Governmental Unit.

CH0474 SB0473 (Enrolled). Sen Jones-Rodwell (BCA). Baltimore

City - Children - Records Access.

CH0475 SB0474 Sen Jones-Rodwell (Chr Jt Com on Pnsns). State

Retirement and Pension System - Funding Method and Amortization

of Unfunded Liabilities or Surpluses.

CH0476 HB0496 Del Griffith (Chr Jt Com on Pnsns). State

Retirement and Pension System - Funding Method and Amortization

of Unfunded Liabilities or Surpluses.

CH0477 SB0476 (Enrolled). Sen Jones-Rodwell (Chr Jt Com on

Pnsns). State Retirement and Pension System - Unused Sick Leave

Calculation - Clarification.

CH0478 HB0495 (Enrolled). Del Griffith (Chr Jt Com on Pnsns).

State Retirement and Pension System - Unused Sick Leave

Calculation - Clarification.

CH0479 SB0477 (Enrolled). Sen Jones-Rodwell (Chr Jt Com on

Pnsns). State Retirement and Pension System - Employment of

Retirees - Required Break in Service.

CH0480 HB0494 (Enrolled). Del Griffith (Chr Jt Com on Pnsns).

State Retirement and Pension System - Employment of Retirees -

Required Break in Service.

CH0481 SB0481 (Amended). Sen Manno, et al. Task Force on the

Implementation of Tax Benefits for Emergency Preparedness

Equipment.

CH0482 SB0482 (Amended). Sen Manno. Income Tax Credit -

Security Clearances - Employer Costs.

CH0483 SB0486 (Amended). Sen Brinkley, et al. Short-Term

Rental of Motorcycles - Sales and Use Tax and Motor Vehicle Law.

CH0484 HB0523 (Enrolled). Del Myers, et al. Short-Term Rental

of Motorcycles - Sales and Use Tax and Motor Vehicle Law.

CH0485 SB0489 (Enrolled). Sens Shank and Getty. Estates and

Trusts - Slayer‘s Statute (Ann Sue Metz Law).

CH0486 HB1211 (Amended). Del Schulz, et al. Estates and Trusts

- Slayer‘s Statute (Ann Sue Metz Law).

CH0487 SB0505 (Enrolled). Sen Zirkin. Criminal Procedure - Bail

Bonds - Cash Bail.

CH0488 SB0506 Sen Shank, et al. Washington County -

Technology-Related Businesses - Payment in Lieu of Taxes

Agreements.

CH0489 HB0551 Washington County Delegation. Washington

County - Technology-Related Businesses - Payment in Lieu of Taxes

Agreements.

CH0490 SB0510 (Enrolled). Sen Pinsky. Institutions of Higher

Education - Fully Online Distance Education Programs - Regulation.

CH0491 SB0512 (Enrolled). Sen Montgomery, et al. Health Care

Practitioners - Identification Badge.

CH0492 SB0524 (Enrolled). Sen Colburn. Wetlands and Riparian

Rights - Licenses and Permits for Nonwater-Dependent Projects on

State or Private Wetlands.

CH0493 SB0526 (Enrolled). Sens Colburn and Pipkin. Counties

and Municipalities - Required Legislation or Regulations - Adoption

by Reference.

CH0494 HB1076 (Amended). Del Eckardt, et al. Counties and

Municipalities - Required Legislation or Regulations - Adoption by

Reference.

CH0495 SB0535 (Enrolled). Sen Shank, et al. Washington County

- Amusement Devices - Tip Jars.

CH0496 SB0536 Sens Shank and Zirkin. Department of Juvenile

Services - Graduated Responses - Report.

CH0497 HB0604 Del Hough. Department of Juvenile Services -

Graduated Responses - Report.

CH0498 SB0542 (Enrolled). Sen Young, et al. Election Law -

Polling Places - Electioneering.

CH0499 SB0553 (Amended). Sen Getty. Tipped Employees -

Payments or Deduction from Wages - Prohibition.

CH0500 SB0563 (Amended). Sen Simonaire. Environment and

Public Utilities - Notice to Neighboring Jurisdictions of Applications.

CH0501 HB0554 (Amended). Del Schuh, et al. Environment and

Public Utilities - Notice to Neighboring Jurisdictions of Applications.

CH0502 SB0575 (Amended). Sen Simonaire, et al. Environment -

Maryland Clean Water Fund - Annual Report.

CH0503 SB0587 (Enrolled). Sen Garagiola, et al. Higher

Education - Charles W. Riley Firefighter and Ambulance and Rescue

Squad Member Scholarship.

CH0504 SB0599 (Enrolled). Sen Conway. Procurement -

Subcontractor Equal Access to Bonding Act of 2013.

CH0505 HB0585 (Amended). Del Reznik, et al. Procurement -

Subcontractor Equal Access to Bonding Act of 2013.

CH0506 SB0613 Sen Klausmeier. Income Tax - Electronic Filing -

Designation to Purchase Federal Savings Bonds.

CH0507 HB0644 (Amended). Del Olszewski, et al. Income Tax -

Electronic Filing - Designation to Purchase Federal Savings Bonds.

CH0508 SB0617 (Amended). Sen Klausmeier. Drug Therapy

Management - Physician-Pharmacist Agreements.

CH0509 HB0716 (Amended). Del Tarrant, et al. Drug Therapy

Management - Physician-Pharmacist Agreements.

CH0510 SB0631 (Amended). Sen King, et al. Hotel Rental Tax -

Exemption - Lodging at a Corporate Training Center.

CH0511 SB0632 (Enrolled). Sen King, et al. State Brain Injury

Trust Fund.

CH0512 SB0633 (Amended). Sen Peters, et al. Libraries - County

Library Capital Project Grant - Wealth-Based Cost Share.

CH0513 SB0639 (Amended). Sen Manno, et al. Civil Rights Tax

Relief Act.

CH0514 SB0642 (Amended). Sen Muse, et al. Residential Property

- Prohibition on Nonjudicial Evictions.

CH0515 HB1308 (Amended). Del Healey, et al. Residential

Property - Prohibition on Nonjudicial Evictions.

CH0516 SB0656 (Amended). Sens Miller and Dyson. Calvert

County - Property Tax - Natural Gas Facility.

CH0517 SB0658 (Amended). Sen King, et al. Estate Tax and

Income Tax - Marital Deduction and Subtraction Modification for

Health Insurance.

CH0518 HB1031 (Amended). Del Hixson, et al. Estate Tax and

Income Tax - Marital Deduction and Subtraction Modification for

Health Insurance.

CH0519 SB0662 (Amended). Sens Mathias and Colburn. Natural

Resources - Commercial Fishing - Licensing.

CH0520 SB0671 (Enrolled). Sens Conway and Dyson. Land Use -

Local Comprehensive Planning and Zoning Cycle.

CH0521 HB0409 (Enrolled). Del McIntosh, et al. Land Use -

Comprehensive Planning and Zoning Cycle.

CH0522 SB0674 (Amended). Sens Edwards and Mathias.

Employees‘ Pension System - Elected or Appointed Officials -

Membership.

CH0523 SB0675 (Amended). Sen Manno, et al. Maryland

Pesticide Reporting and Information Workgroup.

CH0524 HB0775 (Enrolled). Del Lafferty, et al. Maryland

Pesticide Reporting and Information Workgroup.

CH0525 SB0682 (Amended). Sens Klausmeier and Middleton.

Portable Electronics Insurance - Compensation of Employees of

Vendor, Disclosures to Customers, and Study.

CH0526 SB0686 (Enrolled). Sen Garagiola. Family Investment

Program - Earned Income Disregard Pilot Program.

CH0527 SB0697 (Amended). Sen Raskin. Corporations and

Associations - Conversions.

CH0528 HB1140 (Amended). Del Feldman. Corporations and

Associations - Conversions.


966


CH0529 SB0702 (Amended). Sen Madaleno, et al. Maryland

Public Art Initiative Program - Selection of Art for Capital Projects.

CH0530 HB1337 (Amended). Del Griffith, et al. Maryland Public

Art Initiative Program - Selection of Art for Capital Projects.

CH0531 SB0730 (Enrolled). Sen King, et al. Recordation and

Transfer Taxes - Low Income Housing Projects - Controlling Interest.

CH0532 HB1236 (Enrolled). Del Hixson, et al. Recordation and

Transfer Taxes - Low Income Housing Projects - Controlling Interest.

CH0533 SB0740 (Enrolled). Sen Pinsky, et al. College and Career

Readiness and College Completion Act of 2013.

CH0534 SB0741 (Amended). Sens Jones-Rodwell and Colburn.

State Retirement and Pension System - Board of Trustees.

CH0535 HB0390 (Amended). Del Griffith, et al. State Retirement

and Pension System - Board of Trustees.

CH0536 SB0750 Sen Robey. Public Safety - Maryland Building

Performance Standards - Local Wind Design and Wind-Borne Debris

Standards.

CH0537 HB0769 Del Malone, et al. Public Safety - Maryland

Building Performance Standards - Local Wind Design and Wind-

Borne Debris Standards.

CH0538 SB0757 (Amended). Sens Ramirez and Garagiola.

Maryland Occupational Safety and Health Act - Discrimination

Against Employee - Complaints.

CH0539 HB0795 (Amended). Del Hucker, et al. Maryland

Occupational Safety and Health Act - Discrimination Against

Employee - Complaints.

CH0540 SB0758 (Amended). Sens Ramirez and Kelley. Labor and

Employment - Lien for Unpaid Wages - Establishment.

CH0541 HB1130 (Amended). Del Barnes. Labor and Employment

- Lien for Unpaid Wages - Establishment.

CH0542 SB0762 Sen Ramirez. Environment - Asbestos

Occupation - Training Program and Examination.

CH0543 HB0793 Del Hucker. Environment - Asbestos Occupation

- Training Program and Examination.

CH0544 SB0764 (Enrolled). Sen Conway. Task Force to Study

Housing and Supportive Services for Unaccompanied Homeless

Youth.

CH0545 HB0823 (Amended). Del M. Washington, et al. Task

Force to Study Housing and Supportive Services for Unaccompanied

Homeless Youth.

CH0546 SB0774 (Amended). Sen Mathias, et al. Income Tax -

Subtraction Modification - Maryland Civil Air Patrol.

CH0547 SB0784 Sen Benson. Employment Discrimination -

Reasonable Accommodations for Disabilities Due to Pregnancy.

CH0548 HB0804 Del Hucker, et al. Employment Discrimination -

Reasonable Accommodations for Disabilities Due to Pregnancy.

CH0549 SB0790 Sen Manno. Department of Health and Mental

Hygiene - Advance Directive Registry - Fee and Date of Operation.

CH0550 SB0801 (Amended). Sen Jones-Rodwell (Chr Jt Com on

Pnsns). State Retirement and Pension Systems - Cost-of-Living

Adjustments - Simplification and Clarification.

CH0551 HB0852 (Amended). Del Griffith (Chr Jt Com on Pnsns).

State Retirement and Pension Systems - Cost-of-Living Adjustments

- Simplification and Clarification.

CH0552 SB0809 (Enrolled). Sen Frosh. Maryland Legal Services

Corporation Funding - Abandoned Property Funds.

CH0553 HB1303 (Enrolled). Del Dumais, et al. Maryland Legal

Services Corporation Funding - Abandoned Property Funds.

CH0554 SB0811 Sen Rosapepe. Procurement - Investment

Activities in Iran - Board of Public Works Authority to Adopt

Regulations.

CH0555 HB0877 (Amended). Del Morhaim, et al. Procurement -

Investment Activities in Iran - Board of Public Works Authority to

Adopt Regulations.

CH0556 SB0813 (Enrolled). Sens Shank and Edwards. State

Retirement and Pension System - Service Credit for Unused Sick

Leave.

CH0557 SB0814 (Enrolled). Sen Shank. Washington County -

Salary Study Commission - Updating Salary and Expense Provisions.

CH0558 HB0720 (Enrolled). Washington County Delegation.

Washington County - Salary Study Commission - Updating Salary

and Expense Provisions.

CH0559 SB0815 (Enrolled). Sen Shank. Public and Nonpublic

Schools - Epinephrine Availability and Use - Policy.

CH0560 HB1014 (Enrolled). Del Stein. Public and Nonpublic

Schools - Epinephrine Availability and Use - Policy.

CH0561 SB0820 (Amended). Sen Benson (Chr TF Spay/Neuter

Fnd) et al. Animal Welfare - Spay/Neuter Fund - Establishment.

CH0562 HB0767 (Amended). Del Frush (Chr TF Spay/Neuter

Fnd), et al. Animal Welfare - Spay/Neuter Fund - Establishment.

CH0563 SB0828 (Amended). Sen Madaleno, et al. St. Mary‘s

College of Maryland - Tuition Freeze and DeSousa-Brent Scholars

Completion Grant.

CH0564 HB0831 (Amended). Del Bohanan. St. Mary‘s College of

Maryland - Tuition Freeze and DeSousa-Brent Scholars Completion

Grant.

CH0565 SB0832 (Amended). Sen Ferguson. Child Care - Dispute

Resolution.

CH0566 HB0932 (Amended). Del Luedtke, et al. Child Care -

Dispute Resolution.

CH0567 SB0840 Sen Stone. Voting - Notice of Election by

Specimen Ballot.

CH0568 SB0854 (Amended). Sen Edwards. Environment - Gas

and Oil Drilling - Financial Assurance.

CH0569 SB0857 Sen Miller, et al. Commission on the

Establishment of a Maryland Educators Service Memorial.

CH0570 HB1131 Del Hixson. Commission on the Establishment of

a Maryland Educators Service Memorial.

CH0571 SB0863 (Amended). Sens Zirkin and Glassman. Public

Safety - Gas Pipelines - Implementation of Federal Pipeline Safety

Laws.

CH0572 SB0887 (Amended). Sen Garagiola, et al. Public Utilities

- Solar Photovoltaic Systems.

CH0573 SB0900 (Amended). Sen Jones-Rodwell. Baltimore City -

Payment in Lieu of Taxes Agreements - Economic Development

Projects.

CH0574 HB0335 (Amended). Del Mitchell, et al. Baltimore City -

Payment in Lieu of Taxes Agreements - Economic Development

Projects.

CH0575 SB0904 (Amended). Sen Klausmeier. Health Insurance -

Vision Services - Provider Contracts.

CH0576 HB1160 (Amended). Del Kach. Health Insurance - Vision

Services - Provider Contracts.

CH0577 SB0905 (Amended). Sens DeGrange and McFadden.

Video Lottery Facilities - Table Game Proceeds.

CH0578 HB1155 (Enrolled). Del Branch, et al. Video Lottery

Facilities - Table Game Proceeds.

CH0579 SB0916 (Amended). Sen Klausmeier. Task Force to Study

Licensing and Continuing Education Requirements for Electricians.

CH0580 SB0917 Sen Edwards. Allegany County - Video Lottery

Terminals - Distribution of Proceeds.

CH0581 SB0926 Sen Pinsky. Education - State and Local Aid

Program for Certification or Renewal of Certification - Sunset

Repeal.

CH0582 SB0942 (Enrolled). Sen Reilly. State Board of Physicians

- Consultation, Qualification for Licensure, License Renewal, and

Representation to the Public.


967


CH0583 HB1313 (Enrolled). Del Cullison. State Board of

Physicians - Consultation, Qualification for Licensure, License

Renewal, and Representation to the Public.

CH0584 SB0949 (Enrolled). Sen Mathias. Worcester County -

Alcoholic Beverages.

CH0585 SB0951 Sen Benson. Health Occupations -

Polysomnographic Technologists - Licensure and Discipline.

CH0586 HB0879 Del Hubbard. Health Occupations -

Polysomnographic Technologists - Licensure and Discipline.

CH0587 SB0954 (Amended). Sen Benson. Maryland Board of

Physicians - Authority to Issue Temporary Licenses and Radiation

Therapy, Radiography, Nuclear Medicine Technology, and

Radiology Assistance Advisory Committee.

CH0588 HB0980 (Amended). Del V. Turner, et al. Maryland

Board of Physicians - Authority to Issue Temporary Licenses and

Radiation Therapy, Radiography, Nuclear Medicine Technology, and

Radiology Assistance Advisory Committee.

CH0589 SB0955 Sen Brinkley. Alcoholic Beverages - Refillable

Containers - Class 5 Manufacturer‘s License.

CH0590 SB0957 Sens Brinkley and Young. Frederick County -

Alcoholic Beverages - Banquet Facility License.

CH0591 HB1387 Frederick County Delegation. Frederick County -

Alcoholic Beverages - Banquet Facility License.

CH0592 SB0965 (Enrolled). Sen Rosapepe. Maryland Smart

Growth Investment Fund Workgroup.

CH0593 HB1170 (Amended). Del Lafferty. Maryland Smart

Growth Investment Fund Workgroup.

CH0594 SB0969 (Enrolled). Sen Glassman, et al. Public Safety -

Fire Protection and Prevention - Residential Smoke Alarms.

CH0595 HB1413 (Amended). Del Malone. Public Safety - Fire

Protection and Prevention - Residential Smoke Alarms.

CH0596 SB0981 (Enrolled). Sen Montgomery. State Board of

Physicians - Quasi-Judicial Powers and the Board of Review -

Revisions.

CH0597 HB1296 (Enrolled). Dels Cullison and Frank. State Board

of Physicians - Quasi-Judicial Powers and the Board of Review -

Revisions.

CH0598 SB1026 (Amended). Sen Colburn. Department of Health

and Mental Hygiene - Study of Honey-Related Licenses and Permits.

CH0599 SB1028 Sen Klausmeier. Baltimore County - Alcoholic

Beverages - License Transfers.

CH0600 SB1031 (Enrolled). Sen Colburn. Hunting - Domesticated

Animals - Prohibited Acts.

CH0601 HB1482 (Amended). Del Cane. Hunting - Domesticated

Animals - Prohibited Acts.

CH0602 SB1049 (Amended). Sens Mathias and Astle. Recycling -

Apartment Buildings and Condominiums - Ocean City.

CH0603 SB1067 (Amended). Sen Klausmeier, et al. Commission

on the Commemoration of the 100th Anniversary of the Passage of

the 19th Amendment to the United States Constitution.

CH0604 HB0018 (Amended). Anne Arundel County Delegation.

Anne Arundel County - Alcoholic Beverages - Refillable Container

License.

CH0605 HB0048 (Enrolled). Del B. Robinson, et al. Minority

Business Enterprises - Not-for-Profit Entities.

CH0606 HB0057 (Amended). Del B. Robinson. Office of Health

Care Quality - Abuser Registry Workgroup.

CH0607 HB0077 Del McHale. State Government -

Commemorative Month - Irish American Heritage Month.

CH0608 HB0095 (Amended). Chr ENV (Dept). Environment -

Permits - New Source Performance Standards.

CH0609 HB0232 (Enrolled). Del Vitale, et al. Sales and Use Tax -

Exemption - Parent-Teacher Organization Fundraisers.

CH0610 HB0256 (Enrolled). Frederick County Delegation.

Frederick County - Development Rights and Responsibilities

Agreements - Direct Judicial Review.

CH0611 HB0264 Chr JUD (Dept). Juvenile Law - Juvenile

Records - Disclosure.

CH0612 HB0331 (Amended). Del Morhaim, et al. Open Meetings

Act - Violations and Penalties.

CH0613 HB0347 (Enrolled). Chr ECM (Dept). Professional

Engineers - Firm Permits.

CH0614 HB0359 Chr HGO (Dept). Militia - Maryland Defense

Force - Enlistment Period.

CH0615 HB0362 Chr ENV (Dept). Public Ethics - Definition of

―Interest‖ - Mutual Funds.

CH0616 HB0365 (Enrolled). Del Glass. Harford County - Archery

Hunting - Safety Zone.

CH0617 HB0380 (Enrolled). Del Barve, et al. Income Tax - Joint

Returns - Married Couples.

CH0618 HB0543 (Amended). Carroll County Delegation. Carroll

County - Deer Hunting - Sundays.

CH0619 HB0563 Del Dumais. Adoption - Payment of Expenses.

CH0620 HB0572 (Enrolled). Dels Beidle and Frush. Natural

Resources - Tree Expert License - Qualifications.

CH0621 HB0591 (Amended). Del Morhaim. State Board of

Pharmacy - Wholesale Distribution - Pharmacies.

CH0622 HB0596 (Enrolled). Del Clippinger. Civil Actions -

Interrogatories or Examination in Aid of Enforcement - Procedure

After Arrest for Failure to Appear to Show Cause.

CH0623 HB0598 Del Carr. Water and Sewer Service - Billing

Period.

CH0624 HB0613 (Enrolled). Chr ENV and Chr W&M (Dept), et al.

Sustainable Communities - Designation and Financing.

CH0625 HB0621 (Amended). Dels Niemann and Hucker.

Maryland Energy Administration - Regulated Sustainable Energy

Contract Program.

CH0626 HB0637 (Amended). Mont Co Deleg and PG Co Deleg.

Maryland-National Capital Park and Planning Commission - High

Performance Buildings MC/PG 101-13.


Maryland-Washington Regional District - Boundaries - City of

Laurel MC/PG 111-13.


Washington Suburban Sanitary Commission - Sewage Leaks -

Posting Requirements MC/PG 114-13.

CH0629 HB0646 Montgomery County Delegation. Gaming -

Instant Ticket Lottery Machines - Veterans‘ Organizations MC 5-13.

CH0630 HB0650 (Enrolled). Mont Co Deleg and PG Co Deleg.

Washington Suburban Sanitary Commission - Prevailing Wage

MC/PG 112-13.

CH0631 HB0653 (Amended). Charles County Delegation. Charles

County - Building Code - Abatement of Violations.

CH0632 HB0680 (Enrolled). Del Hogan, et al. Vehicle Laws -

Unregistered Emergency Vehicles - Operating on Highways.

CH0633 HB0687 (Amended). Del Carter, et al. Commission on

Child Custody Decision Making.

CH0634 HB0697 (Amended). Del Dumais. Courts and Judicial

Proceedings - Maryland Mediation Confidentiality Act -

Applicability.

CH0635 HB0709 (Amended). Del McDermott, et al. Criminal Law

- Accessory After the Fact - Murder (The Sheddy-Bennett Act).

CH0636 HB0713 (Amended). Del Dumais, et al. Criminal

Procedure - Seizure and Forfeiture - Property Used in Human

Trafficking.

CH0637 HB0753 (Enrolled). Del Malone, et al. Motor Vehicles -

Use of Wireless Communication Device - Prohibited Acts,

Enforcement, and Penalties.


968


CH0638 SB0339 (Amended). Sen Robey, et al. Motor Vehicles -

Use of Wireless Communication Device - Prohibited Acts,

Enforcement, and Penalties.

CH0639 HB0786 (Amended). Del Carter, et al. Juvenile Law -

Task Force on Juvenile Court Jurisdiction.

CH0640 HB0794 Del Niemann. Manufactured Homes - Affixation

to Real Property - Liens.

CH0641 HB0801 (Amended). Del Tarrant, et al. Vehicle Laws -

Unlawful Use of Off-Highway Recreational Vehicles -

Administrative Penalties.

CH0642 HB0828 Del Beitzel. Business Occupations - Oil and Gas

Land Professionals - Registration.

CH0643 HB0854 (Amended). Del Dumais, et al. Criminal

Procedure - Expungement of Records - Not Criminally Responsible.

CH0644 HB0857 (Enrolled). Del Waldstreicher. Estates and Trusts

- Posthumously Conceived Child.

CH0645 HB0858 Del Waldstreicher. Estates and Trusts - Modified

Administration and Inheritance Tax.

CH0646 HB0859 Del Waldstreicher. Interests in Grantor and

Qualified Terminable Interest Property Trusts.

CH0647 HB0860 (Enrolled). Baltimore City Delegation. Baltimore

City Public Schools Construction and Revitalization Act of 2013.

CH0648 HB0895 Howard County Delegation. Education - Howard

County Library System - Collective Bargaining Ho. Co. 3-13.

CH0649 HB0902 (Enrolled). Del Guzzone. State Police Retirement

System - Reemployment of Retirees.

CH0650 HB0909 (Enrolled). Del Valentino-Smith, et al. Criminal

Procedure - Venue for Prosecution of Murder and Manslaughter.

CH0651 HB0916 (Enrolled). Del Valentino-Smith, et al. Juvenile

Law - Dispositions - Placement Guidance.

CH0652 HB0921 Del Valentino-Smith, et al. Correctional Services

- Inmate Earnings - Compensation for Victims of Crime.

CH0653 HB0933 Del Lee, et al. Crimes - Human Trafficking of

Minor - Defense of Ignorance of Victim‘s Age.

CH0654 HB0935 Dels Stifler and Kaiser. Public Institutions of

Higher Education - In-State Tuition for Military Veterans.

CH0655 HB0936 (Amended). Del S. Robinson, et al. Natural

Resources - Maryland Botanical Heritage Workgroup.

CH0656 HB0941 (Amended). Dels Arora and DeBoy. Criminal

Law - Fraudulent Liens - Prohibition.

CH0657 HB0957 (Enrolled). Del Rosenberg, et al. Housing -

Accessible Housing for Senior Homeowners, Older Adults, and

Individuals with Disabilities.

CH0658 HB0964 (Enrolled). Del Hixson, et al. Community

Colleges - Grants for English for Speakers of Other Languages

Programs.

CH0659 HB1017 (Enrolled). Del Barve, et al. Income Tax Credit -

Wineries and Vineyards.

CH0660 HB1030 (Amended). Del Rosenberg. Property Tax Credit

- Urban Agricultural Property - Definition.

CH0661 HB1055 (Amended). Del Braveboy, et al. Evaluation of

the Application of Minority Business Enterprise Program by the

Public Service Commission.

CH0662 HB1059 (Enrolled). Del Haynes. Baltimore City - Video

Lottery Operation Licensee - Employee Data Collection.

CH0663 HB1072 (Enrolled). Prince George‘s County Delegation.

Alcoholic Beverages - City of Laurel - Sales by License Holders PG

308-13.

CH0664 HB1073 (Amended). Prince George‘s County Delegation.

Prince George‘s County Board of Education - Financial Literacy

Curriculum PG 419-13.


Prince George‘s County - Alcoholic Beverages - Hours of Sale and

Fee for Golf Course Licenses PG 318-13.


Prince George‘s County - Alcoholic Beverages - Entertainment

Permit - Class BH Licensees PG 301-13.


Prince George‘s County - Alcoholic Beverages Sales - Prohibition on

Use of Self-Scanning Cash Registers PG 311-13.


Task Force to Study Energy Generation in Prince George‘s County

PG 416-13.


Task Force to Study Locating Businesses in Libraries in Prince

George‘s County PG 415-13.

CH0670 HB1159 (Enrolled). Del Kramer, et al. Electric

Companies - Service Restoration - Special Medical Needs Facilities.

CH0671 HB1161 (Enrolled). Del A. Washington, et al.

Commission on Special Education Access and Equity.

CH0672 HB1171 Cecil County Delegation. Cecil County - School

Buses - Length of Operation.

CH0673 HB1175 Del Vallario. Police Training Commission -

Membership - Police Chiefs‘ Association of Prince George‘s County.

CH0674 HB1257 (Amended). Del McIntosh, et al. Land Use -

Clarifications and Corrections.

CH0675 HB1305 (Amended). Anne Arundel County Delegation.

City of Annapolis - Alcoholic Beverages - Residency Requirement.

CH0676 HB1330 Chr ECM (Dept). Workers‘ Compensation -

Insurance Coverage - Employer Compliance.


Prince George‘s County Juvenile Court and School Safety

Workgroup PG 306-13.

CH0678 HB1342 (Amended). Del Kaiser, et al. Maryland

Longitudinal Data System - Governing Board and Data Transfers.

CH0679 SB0945 Sen Pinsky. Higher Education - Maryland

Longitudinal Data System - Governing Board and Data Transfers.

CH0680 HB1348 Chr HGO (DLS). Maryland Program Evaluation

Act - Revisions and Clarifications.

CH0681 HB1390 (Enrolled). Chr HGO (Dept), et al. Maryland

Veterans Trust and Fund - Establishment.

CH0682 HB1393 (Amended). Del O‘Donnell, et al. Public Schools

- Student Work Product - Claim of Copyright Prohibited.

CH0683 HB1431 Prince George‘s County Delegation. Prince

George‘s County - Alcoholic Beverages Licenses - Towne Centre at

Laurel PG 320-13.


Prince George‘s County - Public Safety Surcharge PG 421-13.


Prince George‘s County - School Facilities Surcharge PG 420-13.

CH0686 HB1440 (Amended). Chr ENV (Dept), et al. Recycling -

Composting Facilities.

CH0687 HB1455 (Enrolled). Mont Co Deleg and PG Co Deleg.

Maryland-National Capital Park and Planning Commission - Property

Tax - Payment in Lieu of Taxes Agreement MC/PG 118-13.

CH0688 HB1494 (Amended). Del Conway, et al. Correctional

Services - Standards for Correctional Facilities - Funding.

CH0689 HB1505 Del Jacobs, et al. Oysters - Power Dredging -

Time Period.

CH0690 HB1507 St. Mary‘s County Delegation. St. Mary‘s

County - Property Maintenance.

CH0691 HB1524 (Amended). Baltimore County Delegation.

Election Law - Baltimore County Democratic Party Central

Committee - Membership.

CH0692 HB1531 Del O‘Donnell. Election Law - Prince George‘s

County Republican Party Central Committee - Membership.

[13-11-37]

969


The Judiciary

ADMINISTRATIVE OFFICE OF THE COURTS

ADMINISTRATIVE MEMORANDUM 13-1

ADMINISTRATIVE REGULATION XIX

COST SCHEDULE By direction of Chief Judge Robert M. Bell, and for the information and guidance of all concerned, the attached notice is published for the

purpose of advising of the revision to the District Court Administrative Regulation to become effective July 1, 2013. The attached revision has

been adopted by the Chief Judge of the District Court.

FRANK BROCCOLINA

State Court Administrator

May 9, 2013

NOTICE

Under the authority of Courts and Judicial Proceedings Article ‗7-301 of the Maryland Code, the District Court Cost Schedule has been

revised and will be in force and effective July 1, 2013. Also included herewith are the revisions to DCAR XIX.

BEN C. CLYBURN

Chief Judge

District Court of Maryland

May 9, 2013

IMPORTANT NOTICE

District Court Administrative Regulation XIX – Cost Schedule

In all cases, except those noted below, the required costs in this Cost Schedule, including the fee for service of process shall be paid at the

time the complaint, writ, petition, or request is filed.

Exceptions:

(1) The State of Maryland and officers, agencies, and departments thereof shall not be taxed costs in any District Court civil proceeding.

(2) Advance payment of costs shall not be required in any case in which the plaintiff/petitioner is represented by counsel paid through

JUDICARE; provided by Maryland Legal Aid Bureau, Inc.; or retained through a pro bono or legal services program that is recognized by

Maryland Legal Services Corporation if the program provides the clerk with a memorandum that names the program, attorney(s) and

client(s) and that specifies that representation is being provided for client(s) meeting the financial eligibility criteria of the corporation. If the

petitioner is eligible for this exception, payment of costs in a case other than civil are waived.

(3) Advance payment of costs shall not be required in a civil case filed by a county or municipality of the State of Maryland.

In any civil case in which no advance costs have been paid, the Court shall allow costs in favor of the prevailing party.

If the judgment creditor is the prevailing party, he shall, upon being paid all amounts due, including costs, furnish to the judgment debtor and

file with the clerk a written statement (order of satisfaction) that the judgment has been satisfied. The clerk shall not accept the order for filing

unless the costs are tendered with it.

If the judgment debtor is the prevailing party, the clerk shall bill the plaintiff for all costs, except no payment is required by the State of

Maryland.

The attached schedule is hereby adopted as the costs to be paid for all proceedings in any civil case in the District Court.

THE JUDICIARY

970


REFUNDS

Except as provided by statute, a charge, cost, or fee is not refundable. Overpayment refunds of $5 or less will not be processed unless

the individual due the refund makes a request in writing, in person, or by telephone.

If the Sheriff is unable to serve a paper, 50% of the service fee shall be refunded to the party requesting the service and if the Sheriff is

unable to serve Summary Ejectment papers, the full fee shall be refunded to the party requesting the service.

BAD CHECKS

An additional $10 service fee will be imposed for each dishonored check.

GENERAL INFORMATION

A MAXIMUM OF TWENTY (20) CIVIL CASE FILINGS, PER CHECK, WILL BE ACCEPTED FROM ATTORNEYS AND OTHER

INTERESTED PARTIES.

A MAXIMUM OF TWENTY (20) LANDLORD/TENANT FILINGS WILL BE ACCEPTED FROM ATTORNEYS AND OTHER

INTERESTED PARTIES PER CREDIT CARD TRANSACTION.

In correspondence with the court, including inquiries, motions, and pleadings:

Please include the case number and trial date. This information should also appear on the envelope in which papers are mailed

to the court, so that priority matters may be expeditiously handled.

The address for service should include apartment number (if there is a number), zip codes as part of the address, and

county. ―P.O.‖ is not appropriate when requesting service.

Positive identification of all motor vehicles to be seized is required, including make and model. A copy of title must be

submitted. All liens must be shown in order that value may be determined.

If service of process is to be made on the: STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, an additional $50 fee is required. A check or money order should be made

payable to the State Department of Assessments and Taxation. All county and Baltimore City governmental agencies are exempt from this fee.

(This agency requires two copies of each paper for each defendant to be served);

MARYLAND INSURANCE ADMINISTRATION, an additional $15 fee is required. A check or money order should be made payable to

the Maryland Insurance Administration. (This agency requires two copies of each paper for each defendant to be served.)

DCA 109 (Rev. [1/2012] 7/2013)

DISTRICT COURT OF MARYLAND

COST SCHEDULE

FILING FEE SERVICE FEE

Complaint in Small Claims Actions:

Contract - Tort (new suit) $28.00* (a)

Counter Claim $18.00 (a)

Cross Claim $18.00 (a)

Third Party Claim $18.00 (a)

Complaint in Large Claims Actions:

Contract - Tort (new suit) $38.00* (a)

Counter Claim $28.00 (a)

Cross Claim $28.00 (a)

Third Party Claim $28.00 (a)

Additional Pre Judgment Filings:

Attachment Before Judgment $38.00* (a)

Confessed Judgment $38.00* (a)

Detinue $38.00* (a)

Grantee Suit for Possession $38.00* (a)

Interpleader $28.00* (a)

Petition for Show Cause (per defendant) $10.00 (a)

Renewal Show Cause $ 5.00 (a)

Renewal Confess Judgment $ 5.00 (a)

Renewal Summons $ 5.00 (a)

Replevin - Show Cause $38.00* (a)

Replevin - Writ (final hearing) $------- (b)

Subpoena (witness) $------- (a)

THE JUDICIARY

971


Domestic Violence - Peace Order Filings:

Domestic Violence - filing, service, recordation of foreign judgment or appeal $-------

Temporary Peace Order $38.00* (c)

Landlord Tenant Filings:

Summary Ejectment (Failure to Pay Rent) (all counties except Baltimore City) $12.00* $5.00 for each tenant of

record

Summary Ejectment (Failure to Pay Rent) (Baltimore City) [$16.00*] $22.00 *1 $5.00 for each location,

additional fee of $5.00

for each tenant for whom

personal service is

requested

Distress & Show Cause $28.00*

If amount of rent is $500 or

less; add $5.00 for each

additional $500 rent

(a)

Breach of Lease (all counties except Baltimore City) $38.00* (b)

Breach of Lease (Baltimore City) $48.00*1 (b)

Distress Order of Levy $5.00 (b)

Injunction $38.00* (a)

Recording Summary Ejectment Money Judgment $10.00 ----

Reissue Distress & Show Cause Order $2.00 ----

Rent Escrow (not judge ordered) $28.00* (a)

Tenant Holding Over (all counties except Baltimore City) $38.00* (b)

Tenant Holding Over (Baltimore City) $48.00*1 (b)

Warrant of Restitution (all counties except Baltimore City) $------- (b) per case

Warrant of Restitution (Baltimore City) $10.001 (b) per case

Wrongful Entry & Detainer $38.00* (b)

Post Judgment Filings:

Appeal $10.00 (plus $135.00 made

payable to Circuit Court)

Assignment of Judgment $10.00 ----

Assignment of Wages $28.00* (a)

Body Attachment $------- (b)

Modification of Judgment/Lien

(Other than a Notice of Lien under Bail Forfeiture in the District Court or

documents in connection with a Lien under RP § 3-404)

$------- ($15.00 made payable to

Circuit Court)

----

Notice of Lien

(Other than a Notice of Lien under Bail Forfeiture in the District Court or

documents in connection with a Lien under RP § 3-404)

$------- ($15.00 made payable to

Circuit Court)

----

Recordation of Foreign Judgment $43.00* ----

Renewal of Judgment $10.00 (plus $15.00 made

payable to Circuit Court, if lien

filed)

----

Request for Certification of Judgment Under Act of Congress (Triple Seal) $10.00 ----

Request for Oral Exam (per defendant) $10.00 (a)

Oral Exam Renewal (per defendant) $5.00 (a)

Request for Writ of Execution or Possession

(Service fee also applies to Execution issued in Attachment before Judgment)

$10.00 (b)

Request for Writ of Garnishment Other than Wages

(Service fee also applies to Garnishment issued in Attachment before Judgment)

$10.00 (a)

Request for Writ of Garnishment of Wages

(Service fee also applies to Garnishment issued in Attachment before Judgment)

$10.00 (a)

Transmittal of Certified Copy of Judgment $10.00 ----

* Includes MD Legal Services Corporation Fund Surcharge $18 - New Civil Filings $8 - Summary Ejectment Cases 1 Includes a $10 Surcharge for the Baltimore City Sheriff

THE JUDICIARY

972


SERVICE FEES

In Baltimore County only, constables serve civil process and checks must be made payable to District Court. In all other counties, the sheriff‘s

office is responsible for service of civil process; unless an exception follows, make check payable to the Sheriff‘s Office. (Exceptions: In

Baltimore City, checks to Sheriff must be made payable to Director of Finance. In Harford County, checks to Sheriff must be made payable to

Harford County.)

(a) Fee if served by Sheriff/Constable is $40 for each defendant or address.

Fee if mailed by clerk is $10 for each defendant or address.

(b) Sheriff/Constable service required by law and the fee is $40 for each defendant. (In Baltimore City, Sheriff service required by law.

Fee for service by the Baltimore City Sheriff is $40 for each defendant, plus an additional $60 surcharge per writ.)

(c) Fee if served by Sheriff is $40 for each defendant or address.

[(d)] Note: Service of paper originating from a foreign court. Fee if served by Sheriff is $60 for each defendant or address. (In Baltimore City,

service by the Baltimore City Sheriff is $60 for each defendant or address, plus an additional $40 surcharge for each defendant or address.)

OTHER CHARGES (clerical): FILING FEE

Photocopies $0.50 per page

Computer printouts $0.50 per page

Certification of Copies (DC 33) $5.00 per request (plus

photocopy fee)

Transcripts $75.00 deposit & $3.00 per

page for original & 1 copy

Recordings $15.00 per case

Petition for Expungement (excluding cases with verdict of acquittal) $30.00

Petition to Extend Time/Strike Bond Forfeiture $25.00

Petition to Remit Bond Forfeiture $25.00

Motion for Allowance of Expenses after Voluntary Surrender $25.00

[13-11-27]

973


Regulatory Review and Evaluation Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the

Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be

documented in an evaluation report which will be submitted to the General Assembly‘s Joint Committee on Administrative, Executive, and

Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that

an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.

Title 14

INDEPENDENT AGENCIES

Subtitle 09

WORKERS’ COMPENSATION

COMMISSION Notice of Public Meeting to Take Comments on Draft

Reorganization of Proposed Regulations

In accordance with the Regulatory Review and Evaluation Act

(State Government Article, §§10-130 — 10-139, Annotated Code of

Maryland), the Workers‘ Compensation Commission (the

Commission) has reviewed and evaluated the following chapters:

14.09.01 Procedural Regulations

14.09.04 Guide for Evaluation of Permanent Impairment

14.09.06 Local Office Requirements for Insurers

14.09.07 Uninsured Employer‘s Fund Claims

14.09.08 Open Meetings

The purpose of this review and evaluation was to determine

whether the existing regulations continue to accomplish the purposes

for which they were adopted, clarify ambiguous or unclear language,

and repeal any obsolete or duplicative provisions. As part of the

review, the Commission determined that the current regulations were

not thematically or chronologically organized, and that many

provisions were inconsistent with current practice/statute or

otherwise obsolete. Accordingly, the Commission proposes that the

regulations be restructured and reorganized in accordance with the

flow of a workers‘ compensation claim, and by subject matter,

followed by other administrative and regulatory provisions (e.g., self-

insurance, open meetings, etc.). The reorganization should make it

easier to find the applicable regulation and should further clarify

when and how the regulation applies. Where procedures were unclear

or unstated, additional regulations have been added.

During the evaluation process, the Commission received few

comments from the community on the existing regulations. For this

reason, the Commission proposes to invite the community to offer

comments on the proposed draft reorganization prior to the formal

promulgation, comment, and regulation adoption process. The draft

reorganization of proposed regulations will be available on the

Commission website sometime after the Commission‘s June 27, 2013

meeting. For informational purposes only, the draft reorganization of

proposed regulations contains references to the existing regulations

from which the proposed text has been transferred or derived.

Opportunity for Public Comment

The Commission would like to provide interested parties with an

opportunity to comment on the draft reorganization of proposed

regulations through (1) the submission of written comments and (2)

at an open meeting to be held on July 11, 2013, at 9 a.m., at 10 E.

Baltimore Street, 4th floor, Baltimore, MD.

In order to allow the Commission sufficient time for its other

business, the total time allotted to public comment will generally be

limited and individuals seeking to speak to the Commission should be

prepared to limit their comments to 3 minutes each. Persons desiring

to speak to the Commission must call (410-864-5302) or email Amy

Lackington ([email protected]) no earlier than 1 week

prior to the meeting to register to speak. Registration will be accepted

on a first-come, first-served basis. In order to make the limited time

available most effective, speakers are urged to provide multiple

written copies of their comments or other material amplifying their

views. Additionally, written comments will be accepted by email sent

to Amy Lackington ([email protected]) through July 11,

2013.

[13-11-31]

974


Emergency Action on Regulations Symbol Key

• Roman type indicates text existing before emergency status was granted.

• Italic type indicates new text.

• [Single brackets] indicate deleted text.

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative,

Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions

exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become

effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are

published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions,

including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation

process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends.

When emergency status expires, the text of the regulations reverts to its original language.

Title 36

MARYLAND STATE

LOTTERY AND GAMING

CONTROL AGENCY

Subtitle 05 TABLE GAMES

36.05.15 Pai Gow Tiles Rules

Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d),

Annotated Code of Maryland

Notice of Emergency Action

[13-126-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to new Regulations

.01 — .10 under a new chapter, COMAR 36.05.15 Pai Gow Tiles

Rules.

Emergency status began: May 8, 2013.

Emergency status expires: October 11, 2013.

Editor‘s Note: The text of this document will not be printed here

because it appeared as a Notice of Proposed Action in 40:9 Md. R.

811—818 (May 3, 2013), referenced as [13-126-P].

STEPHEN L. MARTINO

Director

Maryland State Lottery and Gaming Control Agency

Subtitle 05 TABLE GAMES

Notice of Emergency Action

[13-134-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to:

(1) New Regulations .01 — .13 under a new chapter, COMAR

36.05.16 Ultimate Texas Hold ‘Em Rules; and

(2) New Regulations .01 — .13 under a new chapter, COMAR

36.05.17 Mini Baccarat Rules.

Emergency status began: May 8, 2013.

Emergency status expires: October 11, 2013.

Editor‘s Note: The text of this document will not be printed here

because it appeared as a Notice of Proposed Action in40:10 Md. R.

936—946 (May 17, 2013), referenced as [13-134-P].

STEPHEN L. MARTINO

Director

Maryland State Lottery and Gaming Control Agency

975


Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 07 HOSPITALS

10.07.22 Hospice Care Programs: Hospice House

Requirements

Authority: Health-General Article, §19-903, Annotated Code of Maryland

Notice of Final Action

[13-034-F-I]

On May 15, 2013, the Secretary of Health and Mental Hygiene

adopted new Regulations .01—.33 under a new chapter, COMAR

10.07.22 Hospice Care Programs: Hospice House Requirements.

This action, which was proposed for adoption in 40:2 Md. R. 88—93

(January 25, 2013), has been adopted with the nonsubstantive

changes shown below.

Effective Date: June 10, 2013.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated

Code of Maryland, the Attorney General certifies that the following

changes do not differ substantively from the proposed text. The

nature of the changes and the basis for this conclusion are as follows:

Regulation .01: An effective date of January 1, 2014, was inserted,

which will allow the industry time to comply with the requirements

of this new chapter.

Regulation .03: This change clarifies that the incorporated

document is whatever version of the document that has been adopted

by the State Fire Commission under COMAR 29.06.01.

.01 Scope and Purpose.

A. This chapter is effective January 1, 2014.

B. This chapter applies to all general hospice care programs that

operate a hospice house.

C. An operator of a hospice house shall also comply with all the

requirements contained in COMAR 10.07.21 that are applicable to

general hospice care programs.

.03 Incorporation by Reference.

In this chapter, the following document is incorporated by

reference: [[The Life Safety Code,]] NFPA 101, [[(2009 Edition),

including Chapter 24, which is incorporated by reference]] The Life

Safety Code, as adopted by the State Fire Prevention Commission in

COMAR 29.06.01.

JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 13A

STATE BOARD OF

EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.08 Head Injuries and Concussions in

Extracurricular Athletic Events

Authority: Education Article, §7-433; Health-General Article, §14-501;



[13-081-F-I]

On May 21, 2013, the Maryland State Board of Education adopted

new Regulations .01—.07 under a new chapter, COMAR 13A.06.08

Head Injuries and Concussions in Extracurricular Athletic

Events. This action, which was proposed for adoption in 40:6 Md. R.

487—488 (March 22, 2013), has been adopted as proposed.


LILLIAN M. LOWERY, Ed.D.

State Superintendent of Schools

Title 14


Subtitle 31 OFFICE FOR CHILDREN

14.31.06 Standards for Residential Child Care

Programs

Authority: Education Article, §§8-301—8-303 and 8-401—8-417; Family Law Article, §§5-506, 5-508, 5-509, and 5-510; Health-General Article, §§2-

104, 7-904, 8-404, 10-922, and 10-924; Health Occupations Article, §20-302;

Human Services Article, §§2-209, 2-212, 9-203, 9-204, 9-221, 9-231, 9-234, and 9-235; Annotated Code of Maryland


[12-325-F]

On April 25, 2013, the Secretaries of DHMH, DHR, and DJS, the

State Superintendent of Schools, and the GOC adopted amendments

to Regulations .02 — .04, .06 — .16, .18, and .19 under COMAR

14.31.06 Standards for Residential Child Care Programs. The

proposed changes to Regulations .05 and .17 are not being adopted at

this time. This action, which was proposed for adoption in 40:3 Md.

R. 252 — 270 (February 8, 2013), has been adopted with the

nonsubstantive changes shown below.


FINAL ACTION ON REGULATIONS

976


Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated

Code of Maryland, the Attorney General certifies that the following

changes do not differ substantively from the proposed text. The

nature of the changes and the basis for this conclusion are as follows:

Regulation .03: In §B(8) the text has been amended to be

consistent with language throughout the regulations. In §B(25) the

word “selected” has been removed from the list of functions included

in the “medication management” definition to clarify that medication

management does not include prescribing medication.

Regulation .07: Text has been amended in §§G(6) and H(5) to

clarify that each plan of care does not need to list the items included

in the language of the regulation, but that exceptions to the list of

items included in the regulation must be noted in the plan of care.

Regulation .08: Text has been amended to clarify that there must

be a plan only for “foreseeable” emergencies and not “all types of”

emergencies.

Regulation .09: Text has been amended to clarify that “the child’s

status” for which a placing agency is to ascertain specifically regards

“family member contact.”

Regulation .12: Text has been amended to replace the broad

directive “encouragement of” the attainment of gainful employment

with the more specific language of “informing the child of

opportunities for” the attainment of gainful employment.

Regulation .15: Text has been amended to clarify that the program

administrator’s designee may be contacted if the program

administrator is not available.

Regulation .18: Text has been amended to clarify that the agency

that holds a contract with a residential child care program will direct

reporting and record requirements, in addition to the agency that

licenses the residential child care program.

These changes occurred in response to public comments received

from the residential child care program community. No group is

either benefited or disadvantaged by these changes. The changes

could have been reasonably anticipated by the interested parties

because they were discussed with them during the regulatory drafting

process. Because these changes clarify or specify imprecise, general,

or unclear language, they are not substantive changes.

.03 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1) — (7) (proposed text unchanged)

(8) ―Challenging behavior‖ means those behaviors exhibited by

a child which are harmful, destructive, or socially unacceptable and

necessitate being addressed in the child‘s individual [[service]] plan

[[[]]of care[[]]] and behavior intervention plan.


(25) “Medication management” means the facilitation of the

safe and effective use of prescription and over-the-counter

medications. The management of medications encompasses the way

medications are [[selected,]] procured, delivered, prescribed, self-

administered or staff-administered, documented, and monitored.


.07 Physical Plant.

A. — F. (proposed text unchanged)

G. Bathrooms. The licensee shall:


(6) [[Consistent with]] Unless otherwise specified in the child’s

individual plan of care, make available 24 hours a day, without

children needing to request them, personal hygiene supplies,

including but not limited to, toilet paper, soap, shampoo,

toothbrushes, towels and washcloths; and

(7) (proposed text unchanged)

H. Kitchens and Dining Areas. The licensee shall:


(5) [[Consistent with]] Unless otherwise specified in the child’s

individual plan of care, ensure that children have access to unlocked

food storage areas containing approved between-meal snacks.

I. — N. (proposed text unchanged)

.08 Emergencies and General Safety.

A. Emergencies.

(1) (proposed text unchanged)

(2) The licensee shall develop an emergency plan for [[all types

of]] foreseeable emergencies and disasters that shall include:

(a) — (g) (proposed text unchanged)

B. — F. (proposed text unchanged)

.09 General Program Requirements.

A. (proposed text unchanged)

B. Communications with Family and Others. The licensee shall:


(3) Consult with the placing agency to ascertain the child’s

status with respect to family member contact and encourage family

participation in the plan of care;


C. — E. (proposed text unchanged)

.12 Children’s Services.

A. — C. (proposed text unchanged)

D. Work Experience. The licensee:


(4) For a child who legally is not attending school, shall

document [[encouragement]] informing the child of opportunities of

or assistance to the child in the attainment of gainful employment or

facilitation of the participation of the child in a vocational academic

program geared to the acquisition of suitable employment or

necessary life skills.

.15 Behavioral Interventions, Strategies, and Supports.

A. — D. (proposed text unchanged)

E. Restraint.

(1) Physical Restraint.

(a) — (g) (proposed text unchanged)

(h) The program administrator or designee shall be

contacted immediately after the initiation of the restraint.


F. — G. (proposed text unchanged)

.18 Reports and Records.

A. General Requirements. The licensee shall:

(1) Submit reports and maintain records as directed by the

licensing and [[placing]] contracting agencies in order to ensure

compliance with these regulations and other federal and State laws;

and

(2) Comply with requirements for incident reporting as

specified by the licensing and [[placing]] contracting agencies.

B. (proposed text unchanged)

ANNE SHERIDAN

Executive Director

Governor‘s Office for Children

FINAL ACTION ON REGULATIONS

977


Title 18

DEPARTMENT OF

ASSESSMENTS AND

TAXATION

Subtitle 04 BUSINESS

ORGANIZATIONS

18.04.07 Acceptance of Documents

Authority: Tax-Property Article, §2-201; Corporations and Associations

Article, §§1-102, 1-203, and 1-406; Commercial Law Article, §21-117; Annotated Code of Maryland


[13-086-F]

On May 13, 2013, the Department of Assessments and Taxation

adopted amendments to Regulation .01 and new Regulation .04 under

COMAR 18.04.07 Acceptance of Documents. This action, which

was proposed for adoption in 40:6 Md. R. 489 (March 22, 2013), has

been adopted as proposed.


ROBERT YOUNG

Director

Department of Assessments and Taxation

978


Withdrawal of Regulations

Title 03

COMPTROLLER OF THE

TREASURY

Subtitle 06 ADMISSIONS AND

AMUSEMENT TAX

03.06.02 Admissions and Amusement Tax

Authority: Tax-General Article, §§4-101, 4-102, and 4-105, Annotated Code of Maryland

Notice of Withdrawal

[12-027-W]

Pursuant to State Government Article, §10-116(b), Annotated

Code of Maryland, notice is given that the proposal to adopt new

Regulation .06 under COMAR 03.06.02 Admissions and

Amusement Tax, which was published in 39:3 Md. R. 261—262

(February 10, 2012), has been withdrawn by operation of law.

BRIAN MORRIS

Acting Administrator

Division of State Documents

Title 12

DEPARTMENT OF PUBLIC

SAFETY AND

CORRECTIONAL SERVICES

Subtitle 15 CRIMINAL JUSTICE

INFORMATION SYSTEM CENTRAL

REPOSITORY


[12-089-W]


Code of Maryland, notice is given that the following action, which

was proposed for adoption in 39:8 Md. R. 559—578 (April 20,

2012), has been withdrawn by operation of law:

(1) Amendments to Regulations .02 — .09, the recodification

of and amendments to existing Regulations .09-1 — .17 to be

Regulations .10 — .18, and the adoption of new Regulations .19 and

.20 under COMAR 12.15.01 Implementation of the Criminal

Justice Information System Statute;

(2) Amendments to Regulations .01 — .04, .06, and .07, the

repeal of existing Regulations .05, .08, and .09, the adoption of new

Regulations .05 and .08, the recodification of and amendments to

existing Regulations .10 — .12 to be Regulations .09 — .11, and the

recodification of existing Regulation .13 to be Regulation .12 under

COMAR 12.15.02 Criminal History Records Check of

Individuals Who Care for or Supervise Children;

(3) Amendments to Regulations .01 — .06, the repeal of

existing Regulations .07 and .08, the adoption of new Regulation .07,

and the recodification of and amendments to existing Regulations .09

—.11 to be Regulations .08 — .10 under COMAR 12.15.03

Criminal History Records Check for Individuals Who Work for

an Adult Dependent Care Program;

(4) Amendments to Regulations .01, .03 — .06, .08, and .09

under COMAR 12.15.04 Criminal History Record Information

Checks for Applicants for Hazardous Materials Endorsements — Commercial Driver’s Licenses; and

(5) Amendments to Regulations .02. — .09 under COMAR

12.15.05 Use of Private Provider Services for Non-Criminal

Justice Purposes.

BRIAN MORRIS



Title 14


Subtitle 34 PUBLIC SCHOOL LABOR

RELATIONS BOARD

14.34.02 General Procedures

Authority: Education Article, §§2-205(e), 6-403, 6-407, 6-408(a)(1), 6-

408(c)(5), 6-408(e)(1), 6-409, 6-504(a), 6-509, 6-510(a)(1), 6-510(c)(5), 6-

510(e)(1), 6-512, and 6-807, Annotated Code of Maryland


[12-095-W]


Code of Maryland, notice is given that the proposal to adopt new

Regulation .04 under COMAR 14.34.02 General Procedures,

which was published in 39:8 Md. R. 578 (April 20, 2012), has been

withdrawn by operation of law.

BRIAN MORRIS



WITHDRAWAL OF REGULATIONS

979


Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 16 MISCELLANEOUS

31.16.11 Premium Finance Agreements —

Finance Charges

Authority: Insurance Article, §§2-109, 23-101, 23-304, 26-101, and 26-102,



[12-272-W]

The Insurance Commissioner withdraws the proposal to adopt new

Regulations .01 — .03 under a new chapter, COMAR 31.16.11

Premium Finance Agreements — Finance Charges, as published

in 39:20 Md. R. 1348 — 1349 (October 5, 2012).

THERESE M. GOLDSMITH

Insurance Commissioner

980


Proposed Action on Regulations

Title 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES

08.02.15 Striped Bass

Authority: Natural Resources Article, §§4-215 and 4-701, Annotated Code of

Maryland

Notice of Proposed Action

[13-148-P]

The Secretary of Natural Resources proposes to amend

Regulations .02, .04, .05, .07, and .12 under COMAR 08.02.15

Striped Bass.

Statement of Purpose

The purpose of this action is to achieve compliance with new

Atlantic States Marine Fisheries Commission (ASMFC) requirements

coupled with industry goals and objectives for flexibility. In 2011, the

striped bass fishery was experiencing shortened seasons, reduced

catch limits, and persistent difficulties assigning the commercial

quota to the different gear sectors. At the same time, the Department

learned that changes would be required in the commercial striped

bass fishery in order to comply with new ASMFC requirements.

ASMFC is requiring that all Atlantic states use a biological metric to

determine how many tags are issued to commercial fishermen and

account for every tag in their commercial fishery. Maryland‘s

commercial striped bass tags are currently issued by request and as

needed, which means that our system is out of compliance with the

new tagging requirements set by ASMFC.

In order to address the problems in the fishery and the new tag

requirements, the Department initiated discussions about alternative

management of the striped bass fishery with the Striped Bass Industry

Work Group in November 2011. We met with the work group and a

subcommittee of the work group eight times before developing

several possible alternative management options. These options

included a modification of the current management system and

several versions of an individual transferable quota (ITQ) system.

The options were brought to the public through four open houses held

in September of 2012. Based on the public comments and the ability

of each option to meet the goals of the fishery, the Department

selected an ITQ option in October of 2012. The Department

continued to meet with the work group five more times to develop the

details of the ITQ system before drafting the proposed action. The

proposed action proposes compliance with the new ASMFC

requirements coupled with industry goals and objectives for

flexibility.

An ITQ system provides exclusive privileges to an individual by

assigning a fixed share of the commercial striped bass quota to each

fisherman. This system provides a mechanism to allocate tags to the

fisherman in a quantity that corresponds to their allocation and allows

increased flexibility for participants. Participants are no longer

restricted to certain fishing days, gears, or daily catch limits. Some

industry members prefer to maintain the option for the traditional

derby style fishery (common pool) even though it provides less

flexibility. Therefore, the proposed action provides commercial

striped bass fishermen with a choice of participating in the common

pool or ITQ fishery. To establish compliance with ASMFC in the

common pool fishery, the Department will reduce the number of tags

sent to each permit holder and issue replacement tags only to

fishermen that have depleted a majority of their initial tag allowance

and only if additional tags are available based on the biological

metric calculation.

The proposed action makes certain modifications to the

registration process in order to implement the dual common pool and

ITQ fisheries. The registration period will remain during the month

of August. But at the time of registration, an individual must register

their permit(s) into either the common pool or an ITQ fishery. In

order to be eligible to receive a striped bass quota allocation, a

control date of May 10, 2013 is established in the proposal. A license

holder must have in their possession a striped bass permit by this date

in order for their catch history to be used in the calculations of shares.

The proposed action establishes an allocation process for the

Chesapeake Bay commercial quota. All gill net and hook and line

(GN/HL) permits will be initially allocated an equal share of the

GN/HL quota. The equal share will be 25 percent of the Maryland

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a

statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice

giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment

must be held open for at least 30 days after the proposal is published in the Maryland Register.

Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the

proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the

notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not

substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,

the agency must repropose the regulations, showing the changes that were made to the originally proposed text.

Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency

proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,

and a notice of withdrawal is published in the Maryland Register.

PROPOSED ACTION ON REGULATIONS

981


striped bass quota and is roughly equivalent to 300 pounds (based on

the 2013 quota). The remaining 75 percent of the quota will be

allocated based on striped bass catch history from January 1, 2001

through February 29, 2012. Historical allocations will be calculated

based on the average catch history during years a permit holder was

eligible to harvest striped bass. A percentage of the overall historical

harvest each permit has represented over time per gear type will be

calculated and a historical share will be assigned to that permit.

Pound net (PN) and haul seine (HS) permits have been historically

allocated poundage based on equal allocation of their portion of the

Chesapeake Bay quota. These regulations do not alter the allocation

method that has been historically used in the PN and HS fisheries.

The proposal does remove the pound net certification process

because it is not necessary in an ITQ fishery.

The proposed action modifies the transfer provisions for a

Chesapeake Bay striped bass permit or allocation. For a person

registered in the ITQ fishery, temporary (annual) transfers of

allocation (pounds) or permits will be provided for during a pre-

season transfer period of August—September. The transfer may

include a portion or percent of a person‘s allocation, but there is a

maximum of 4 allocation transactions during the preseason. During

the season, a person may transfer their permit and remaining

allocation to another tidal fish licensee. The permit and allocation

may be separated; however, all of the remaining allocation must be

transferred in one transaction. The allocation cannot be divided up for

multiple recipients during the season. Temporary transfers in the

common pool may be completed as normal during the two transfer

periods in August and March.

For the Atlantic fishery, the time period for temporary transfers is

extended to September 30th, and in season temporary transfers of

permits is also permitted as long as the entire remaining allocation is

transferred with the permit.

Permanent transfers of Chesapeake Bay permits or shares will not

be permitted with the exception of a beneficiary transfer recipient or

if accompanied by a tidal fish license. The limited beneficiary

transfers and transfers with a license provide an opportunity for a

person or estate to sell their fishing business. Restricting the

permanent accumulation of permits or shares will prevent one

fisherman from potentially monopolizing the fishery. The temporary

transfer system may give some information as to the potential of

accumulation that may occur if a permanent transfer system is in

place in the future.

Future regulatory actions may provide for permanent transfers of

the Chesapeake Bay permits and individual shares of quota, as well

as other modifications dependent on industry input and

implementation of these regulatory actions.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has an

economic impact on both the Department and the regulated

community.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (E-) Indeterminable

B. On other State

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (+) Indeterminable

E. On other industries or

trade groups: NONE

F. Direct and indirect

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

A. The operation of two management systems simultaneously

(ITQ and Common Pool) throughout the 2014 commercial striped

bass fishery will have an undetermined economic impact on DNR.

Initially, the impact of these regulations may be negative, however,

there is potential for long term positive impacts resulting from these

changes. This system has the potential to create a more burdensome

administrative process for striped bass management. DNR may need

to hire a tag distribution employee who will be responsible for

cataloging, storing and distributing all Common Pool tags throughout

the year. As fishermen explore each management system, we

anticipate that the flexibilities of the ITQ system will cause more and

more fishermen to make the switch to the ITQ from the Common

Pool, likely reducing the administrative burden on DNR staff in the

future.

D. The regulation will have a positive economic impact on the

industry as a whole in the medium and long-term. The allocation of

clearly defined and transferrable property rights, as in the case of an

ITQ, allows the allowable harvest to be caught by the most efficient

watermen, leading to consolidation and higher profitability of the

entire industry. While it is difficult to predict the number of

watermen that will choose each system, we anticipate that the

majority of them will select the ITQ option. However, even if a

significant number of agents initially choose the common pool, there

is a benefit to the industry associated with the flexibility of selecting

between the management regimes. To see that this is indeed the case,

note that if every waterman chooses the common pool, then the

fishery would operate as it had been operating under current

regulation. However, the new regulation does not force every

individual to select the derby fishery; thus, there is a flexibility value

in the proposed regulation.

On an individual level, it is the allocation of harvest quota to each

waterman which determines the impact on his income. In fact, the

initial allocation of quota shares amounts to a reallocation of income

from those that receive small shares to those that are allocated large

shares. However, in selecting the criterion for calculating the initial

shares, DNR has given priority to recent landings history in order to

minimize this potential reallocation.

Finally, it is worth mentioning that as with any new management

system, watermen will need to learn to operate under the new rules

and adjust their operation in order to fully enjoy the benefits of

flexibility. This process may take some time, and as a result it is

possible that some of the quota is uncaught in the first few seasons.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

Please see summary of economic impact to the regulated

community in Part A above.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.


982



Comments may be sent to Striped Bass Regulations, Regulatory

Staff, Department of Natural Resources Fisheries Service, 580 Taylor

Avenue B-2, Annapolis, MD 21401, or call 410-260-8260, or email

to [email protected], or fax to 410-260-8310.

Comments will be accepted through July 1, 2013. A public hearing

will be held on June 6, 2013 from 6—8 pm at the Annapolis Friends

Meeting House, 351 Dubois Road, Annapolis, MD 21401.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) ―Allocation‖ means pounds or numbers of striped bass

which a [user group or tidal fish licensee is allowed to harvest on a

daily or seasonal basis.] striped bass permittee is provided on an

annual basis.

[(2) ―Authorization‖ means an endorsement, in addition to a

tidal fish license, issued by the Department that entitles a licensee to

engage in a particular fishing activity.

(3) ―Bycatch‖ means the numbers or pounds of striped bass

caught, which are smaller or larger than legal size, or in excess of

target harvest or allocation.]

[(4)] (2) (text unchanged)

(3) “Common Pool” means the fishery in the Chesapeake Bay

and its tidal tributaries comprised of the striped bass permittees who

have chosen to combine their allocation with other striped bass

permittees’ allocations. The total shared allocation is then available

to be fished by all of those contributing striped bass permittees.

[(5)] (4) — [(7)] (6) (text unchanged)

(7) “Individual Transferrable Quota” means the fishery in the

Chesapeake Bay and its tidal tributaries that provides exclusive

privileges to an individual by assigning a fixed share of the

commercial striped bass quota to each individual registered with a

striped bass permit.

(8) (text unchanged)

(9) ―Striped bass [allocation] permit‖ means a permit issued by

the Department which allows a person the privilege to commercially

harvest striped bass.

(10) “Share” means a percentage of the quota that is assigned

to a specific striped bass permittee.

[(10)] (11) — [(14)] (15) (text unchanged)

.04 Tidal Fish Licensee Intent to Fish.

A. Registration Procedures.

(1) Registration.

[(1)] (a) A commercial tidal fish licensee, other than a

fishing guide licensee, shall register for a striped bass [allocation]

permit to participate in a commercial striped bass [season] fishery in

accordance with [§§A(2), A(3), and B(1) or (2)(a)] §§A and B of this

regulation, [within the time period established in this chapter.] by

August 31 of each year.

[(2) Registration Schedule.

(a) A tidal fish licensee shall submit an application to the

Department by August 31 of each year.]

[(b)] (i) — [(d)] (iii) (text unchanged)

[(e) An individual that has registered to participate in a

striped bass season in accordance with §A(2) of this regulation may

transfer in accordance with §F of this regulation:

(i) The allocation permit or permits described in §B(1)(a),

(b), or (c), or the hook and line portion of §B(1)(d) of this regulation

during the period March 1 through March 31; or

(ii) The allocation permit or permits described in

§B(1)(a) and §B(2) of this regulation during the period August 1

through August 31.]

[(3)] (b) The Department shall:

[(a)] (i) Make registration [applications] available to

eligible tidal fish license holders [at regional licensing centers] not

later than August 1 of each year; and

[(b)] (ii) Use the registrations received as of September

14 of each year to determine [gear and net allocations for the striped

bass fishing season] allocations for the striped bass fishery

permittees.

[(4) No gill net, hook and line, or haul seine permit, authorized

as of December 19, 2011, may be changed to a pound net or Atlantic

fishery permit during the registration period described in §A(1)—(3)

of this regulation until August 1, 2013.

B. Registration Gear Type.

(1) For the Chesapeake Bay and its tidal tributaries, when

registering for a striped bass allocation permit, a commercial tidal

fish licensee shall specify and be authorized to use one of the

following gear types:

(a) Pound net;

(b) Haul seine;

(c) Commercial hook and line; or

(d) Gill net and hook and line;

(2) For the Atlantic Ocean, its coastal bays and their tributaries,

when registering for a striped bass allocation permit, a commercial

tidal fish licensee shall specify and be authorized to use one of the

following gear types:

(a) Otter and beam trawl; or

(b) Gill net.

(3) A fishing guide licensee is not required to register to

participate in the striped bass season.

(4) A tidal fish licensee may not receive a permit to be

authorized to use gears described in both §A(2)(a) and §A(2)(b) of

this regulation for the harvest of striped bass.]

(2) Registration Type.

(a) When registering a striped bass permit, a tidal fish

licensee shall specify and may be authorized to fish in one of the

following fisheries:

(i) Chesapeake Bay common pool;

(ii) Chesapeake Bay individual transferrable quota; or

(iii) Atlantic Ocean, its coastal bays and their tidal

tributaries.

(b) A tidal fish licensee who had a striped bass permit

registered in the Chesapeake Bay pound net or haul seine fisheries as

of May 10, 2013 and receives shares and allocation from those

permits shall register in the Chesapeake Bay individual transferrable

quota fishery.

(c) A tidal fish licensee may not possess striped bass permits

registered in both the Chesapeake Bay common pool fishery and the

Chesapeake Bay individual transferrable quota fishery.

(d) A tidal fish licensee may not possess striped bass permits

registered in both the Chesapeake Bay and its tidal tributaries and

the Atlantic Ocean, its coastal bays and their tidal tributaries.

(e) A striped bass permit registered in a Chesapeake Bay

fishery as of May 10, 2013 may not be changed to a striped bass

permit registered to the Atlantic fishery.

[C.] B. [Department-Issued] Striped Bass [Allocation] Permit.

(1) A [commercial] tidal fish licensee, [except] other than a

fishing guide licensee, [authorized to participate in a striped bass

season] shall possess a [Department-issued] striped bass [allocation]

permit while commercially fishing [during the appropriate season.]

for striped bass.

(2) The total number of permits authorizing commercial

licensees to fish for striped bass [is limited to] may not exceed:

(a)—(b) (text unchanged)



983


(4) The Department shall accept an application for a striped

bass [allocation] permit authorizing a commercial tidal fish licensee

to participate in a commercial striped bass season from any person

qualified under Natural Resources Article, §4-701, Annotated Code

of Maryland, and maintain [separate] a waiting [lists] list of

commercial tidal fish license candidates [and fishing guide license

candidates] to fish for striped bass.


(6) For each striped bass [allocation] permit that has been

revoked or voluntarily relinquished, a [new] striped bass [allocation]

permit may be issued to an applicant on the waiting list.

(7) The Department shall issue an available striped bass

[allocation] permit to the first person on the appropriate waiting list

to fish for striped bass.

C. Commercial Fisheries.

(1) Chesapeake Bay Common Pool Fishery.

(a) In the common pool fishery, the following gear types

may be used to harvest striped bass in accordance with a tidal fish

license authorization as described in Natural Resources Article, §4-

701, Annotated Code of Maryland:

(i) Drift gill net; and

(ii) Hook and line.

(b) The quota for the common pool fishery shall be the

combined allocations of all permittees who register for the common

pool fishery.

(2) Chesapeake Bay Individual Transferrable Quota Fishery.

(a) In the individual transferrable quota fishery, the

following gear types may be used to harvest striped bass in

accordance with a tidal fish license authorization as described in

Natural Resources Article, §4-701, Annotated Code of Maryland:

(i) Drift gill net;

(ii) Haul seine;

(iii) Hook and line; and

(iv) Pound net.

(b) A permittee registered in the individual transferrable

quota fishery shall be provided an allocation which may be harvested

at any time within the gear, time, and area restrictions set forth in

COMAR 08.02.15.

(3) Atlantic Ocean Fishery. In the Atlantic Ocean, its coastal

bays and their tidal tributaries, the following gears may be used to

harvest striped bass in accordance with a tidal fish license

authorization as described in Natural Resources Article, §4-701,

Annotated Code of Maryland:

(a) Otter and beam trawl; and

(b) Gill net.

D. A commercial tidal fish licensee who has not registered to

catch striped bass in accordance with §A of this regulation or who

has not received a transfer of a striped bass [allocation] permit and

allocation in accordance with §F or G of this regulation may not

catch striped bass for sale [or participate during the commercial

striped bass season].

E. Pound Net [Registration] Requirements to Participate in the

Striped Bass [Season.] Fishery.

[(1) A commercial tidal fish licensee may not register or

receive a transfer of a striped bass allocation permit to participate in

the striped bass season with a pound net unless the licensee has at

least one pound net registered with the Department and can document

use of the site to the satisfaction of the Department. The pound net

shall have:]

(1) A pound net used to harvest striped bass shall have:

(a) A net body or crib at least 20 feet long by 20 feet wide

with a bottom panel;

(b)—(c) (text unchanged)

[(2) A commercial tidal fish licensee may not register to

participate in the striped bass season for more pound nets than the

number of pound nets registered to that individual licensee and may

not register for more than four pound nets.

(3) A licensee shall obtain certification from the Department

for any nets used to harvest striped bass if the licensee has not

previously had pound nets certified in the commercial striped bass

fishery.

(4) Pound net certification requirements are:

(a) The pound net requirements outlined in §E(1) of this

regulation;

(b) The net body or crib shall have a bottom panel;

(c) Latitude and longitude coordinates from a global

positioning system shall be on record with the Department for each

registered pound net site; and

(d) An affidavit signed by the licensee shall be on record

with the Department and shall include a specific time period during

which the net or nets shall be set and available for inspection.

(5) When a commercial tidal fish licensee has registered and

certified pound nets to participate in the striped bass season in

accordance with §E(1)—(4) of this regulation, a recipient of a

beneficiary transfer of these registered nets is not required to recertify

the pound nets that the licensee had certified.]

(2) A pound net used to harvest striped bass shall be registered

as active with the Department in accordance with COMAR

08.02.05.01F.

[F. Annual Transfer of Allocation Permit.

(1) The striped bass allocation permit for each gear type listed

in §B of this regulation may only be transferred or sold to a valid

commercial tidal fish licensee.

(2) The striped bass allocation permit may only be transferred

or sold within the transfer time period established in §A(2) of this

regulation at regional licensing centers.

(3) A commercial tidal fish licensee may transfer a striped bass

allocation permit for the season if:

(a) The fee for the authorization has been paid;

(b) The transferor makes application to the Department

requesting transfer in person or through a notarized transfer form.;

and

(c) The transferee is a valid commercial tidal fish licensee.

(4) Except as provided in §F(5) of this regulation, a commercial

tidal fish licensee may not be assigned more than the following:

(a) In the Chesapeake Bay and its tidal tributaries:

(i) One striped bass hook and line allocation permit;

(ii) Four striped bass gill net allocation permits;

(iii) Five striped bass pound net allocation permits; and

(iv) One striped bass haul seine allocation permit; or

(b) In the Atlantic Ocean and its coastal bays and tributaries:

(i) Four striped bass Atlantic otter and beam trawl

allocation permits; or

(ii) Four striped bass Atlantic gill net allocation permits.

(5) A commercial tidal fish licensee may not possess or be

assigned both a striped bass hook and line allocation permit and a

striped bass pound net allocation permit.

(6) For purposes of the license suspension criteria, if a licensee

transfers the striped bass authorization to another licensee for a

season, the transferee that committed the violation shall be held

responsible.

(7) The gear type registered to an allocation permit may not be

changed under an annual transfer described in §F(1)—(6) of this

regulation.]

F. Temporary Transfers.

(1) A striped bass permit may only be transferred to a valid

commercial tidal fish licensee.


984


(2) A commercial tidal fish licensee may temporarily transfer a

striped bass permit or allocation if:

(a) The applicable fees required by Natural Resources

Article, §4-701, Annotated Code of Maryland have been paid; and

(b) The transfer has been completed in the manner specified

by the Department in accordance with the provisions set forth in this

section.

(3) Except as provided in §G of this regulation, a tidal fish

licensee may not transfer shares.

(4) Chesapeake Bay Common Pool Fishery. A striped bass

permit registered in the common pool fishery may only be

temporarily transferred during the periods March 1 through March

31, or the next business day if March 31 falls on a weekend, and

August 1 through August 31, or the next business day if August 31

falls on a weekend.

(5) Chesapeake Bay Individual Transferrable Quota Fishery.

(a) Prior to the start of the quota year, during the period

August 1 through September 30, or the next business day if

September 30 falls on a weekend, a tidal fish licensee:

(i) May complete up to four transactions where a permit

or a portion of their allocation is temporarily transferred from the

permittee to another tidal fish licensee; and

(ii) May receive any number of transfers.

(b) During the quota year, a tidal fish licensee may only

temporarily transfer a striped bass permit or allocation if the tidal

fish licensee transfers all remaining allocation and associated tags.

(c) Allocation may only be transferred to an individual with

a valid striped bass permit.

(6) Atlantic Fishery.

(a) Prior to the start of the quota year, a striped bass permit

registered in the Atlantic fishery described in §A(2) of this regulation

may only be temporarily transferred during the period August 1

through September 30, or the next business day if September 30 falls

on a weekend.

(b) During the quota year, a tidal fish licensee may only

temporarily transfer a striped bass permit registered in the Atlantic

fishery if the tidal fish licensee also transfers all remaining allocation

with the permit.

(c) Allocation from each permit may only be transferred if

accompanied by a striped bass permit.

(d) A commercial tidal fish licensee may not be assigned or

have in possession more than four permits registered in the Atlantic

Ocean and its coastal bays and tributaries.

(7) A transferee receiving allocation from a Chesapeake Bay

fishery may not transfer that allocation to the Atlantic fishery.

(8) Allocation may not be transferred between the Chesapeake

Bay common pool and individual transferrable quota fisheries.

(9) For purposes of the license suspension criteria, if a licensee

transfers the striped bass permit to another licensee, the transferee

that committed the violation shall be held responsible.

(10) The registration type of a striped bass permit may not be

changed under a temporary transfer as described in §F(1)—(7) of

this regulation.

G. Permanent [Transfer of Striped Bass Authorization.] Transfers.

(1) A commercial tidal fish licensee may permanently transfer a

striped bass [authorization] permit if:

(a) (text unchanged)

(b) The transferor[:

(i) Was] was authorized to harvest striped bass in the

immediately preceding year; [or]

[(ii) Participated in the Tidal Fish License Buyback

Program;]

(c) (text unchanged)

(d) [The fee for the authorization has been paid; and] The

applicable fees required by Natural Resources Article, §4-701,

Annotated Code of Maryland have been paid;

(e) All striped bass [allocation] permits and associated tags

are returned to the Department[.]; and

(f) If the permit is registered in one of the Chesapeake Bay

fisheries, a commercial tidal fish licensee shall also:

(i) Transfer the licensee’s commercial tidal fish license in

accordance with Natural Resources Article, §4-701, Annotated Code

of Maryland; and

(ii) Transfer any remaining allocation and all shares

associated with the striped bass permit in the manner specified by the

Department.

(iii) A transferee receiving a share of Chesapeake Bay

fishery may not transfer that share to the Atlantic fishery.

(3) Beneficiary Transfers.

[(2)] (a) An authorized representative of a deceased licensee

may permanently transfer a striped bass permit [authorization]

regardless of the number of years the deceased licensee held the

striped bass [authorization] permit and without transferring the

deceased’s tidal fish license.

(b) An authorized representative of a deceased licensee may

permanently transfer a share of the striped bass fishery without

transferring the deceased’s tidal fish license or striped bass permit.

[(3)] (4) A permit holder receiving a [gill net, hook and line, or

haul seine allocation after December 19, 2011,] striped bass permit

registered in a Chesapeake Bay fishery through a permanent transfer

described in §G(1)—(2) of this regulation may not have that

authorization changed to a [pound net or Atlantic fishery

authorization until January 1, 2014.] striped bass permit registered in

the Atlantic fishery.

.05 Disposition of Catch.

A. Permits and Tags.

(1)—(2) (text unchanged)

(3) A commercial tidal fish licensee who catches striped bass

for sale shall:

(a) Have in possession:

(i) (text unchanged)

(ii) [An allocation] A striped bass permit; and

(iii) (text unchanged)

(b) (text unchanged)

(c) Except as required by Regulation .04F and G of this

chapter, return the assigned [allocation] striped bass permit or

permits and any unused tags to the Department within 14 days

immediately following the end of the quota year.


(8) [An allocation] A striped bass permit and striped bass tags

for only one fishing-gear type may be on board a vessel at any one

time.

B.—C. (text unchanged)

D. Check-In.

(1) Time Requirements.


(b) Not later than 9 p.m. on the day of harvest or 9 a.m. on

the day immediately following harvest, a commercial tidal fish

licensee registered with a hook and line striped bass [allocation]

permit shall have his striped bass harvest counted and weighed by a

Department representative at a check station.

(2) At check-in time a person shall present his or her

commercial tidal fish license and striped bass [allocation] permit to

the Department representative at the check station.


985


(3) At check-in, the Department representative shall:

(a) Specify numbers and weight of fish, date checked, and

commercial tidal fish license number on the daily logsheet issued by

the Department, and striped bass [allocation] permit;


(d) Validate the licensee‘s striped bass [allocation] permit

and adjust the remaining seasonal allowable harvest by subtracting

the total daily harvest, including all overage.

.07 Commercial Fishery.

A. Chesapeake Bay and its Tidal Tributaries.


(4) The Secretary shall allocate the annual target harvest for the

[commercial fishery for the following seasons:] following fisheries:

[(a) Pound net;

(b) Haul seine;

(c) Commercial hook and line; and

(d) Gill net.]

(a) Chesapeake Bay Common Pool;

(b) Chesapeake Bay Individual Transferrable Quota; and

(c) Atlantic Ocean, its coastal bays and their tidal

tributaries.

(5) [The] For the common pool fishery, the Secretary may

allocate the number of pounds for each [season] month based on the:

[(a) Number of commercial tidal fish licensees declared

under the specified gear types in accordance with Regulation .04 of

this chapter;

(b) Level of harvest reflected through catch reports for each

gear type;]

(a) Historical distributions of quota by month; or

[(c)] (b) Recommendations from the Striped Bass Ad Hoc

Advisory Group.

(6) Initial Calculation of Shares in the Fisheries of the

Chesapeake Bay and Its Tidal Tributaries.

(a) A tidal fish licensee with a striped bass permit registered

in the Chesapeake Bay and its tidal tributaries as of May 10, 2013

shall receive a share of the striped bass fishery in accordance with

this section.

(b) Pound Net and Haul Seine.

(i) The amount of shares to be divided among the pound

net and haul seine fisheries is 33 percent of the Chesapeake Bay

commercial quota.

(ii) Tidal fish licensees with a striped bass permit

registered in the pound net fishery as of May 10, 2013 shall each

receive an equal share.

(iii) Tidal fish licensees with a striped bass permit

registered in the haul seine fishery as of May 10, 2013 shall each

receive a share equal to the amount of one third of the share assigned

to a striped bass permit registered in the pound net fishery as of May

10, 2013.

(c) Gill Net and Hook and Line.

(i) The amount of shares to be divided among the gill net

and hook and line fisheries is 67 percent of the overall commercial

quota.

(ii) Each tidal fish licensee with a striped bass permit

registered in either the gill net or hook and line fisheries as of May

10, 2013 shall receive an equal share of 25 percent of the gill net and

hook and line quota.

(iii) In addition to the initial baseline share described in

§A(6)(c)(ii) of this regulation, each tidal fish licensee with a striped

bass permit registered in either the gill net or hook and line fisheries

as of May 10, 2013 may receive additional shares of the remaining

75 percent of the gill net and hook and line quota based on the

average poundage of the striped bass harvested by the permittee

during the period January 1, 2001 through February 29, 2012.

[(6)] (7) The Secretary may:

(a) Reassign a commercial tidal fish licensee‘s [seasonal]

allocation if the licensee has not [used] registered for the allocation;

[and]

(b) [Proportionally increase] Modify the [seasonal, weekly,

or daily] allocation of all commercial tidal fish licensees during the

season[.]; and

(c) Consider an appeal of the initial calculation of shares in

the fisheries of the Chesapeake Bay and its tidal tributaries under

§A(6) of this regulation.

B. (text unchanged)

[C. Repealed.]

[D.] C. Drift Gill Net Fishery Limitations.


(2) In the tidal waters of the Chesapeake Bay and its tributaries:


(c) The amount of striped bass on board a vessel may not

exceed 2,000 pounds on any day, regardless of the number of

licensees with a striped bass [allocation] permit for gill net on board

the vessel; and

(d) (text unchanged)

(3) A person may possess and use other legal fishing equipment

to catch other fish species while fishing for striped bass with gear as

provided in [§D(2)(a)] §C(2)(a) of this regulation.


(7) Flag Marker—Tributaries. A drift gill net set in tributaries

of the Chesapeake Bay or Atlantic coastal bays and their tributaries

shall be marked by the licensee at each end with a floating marker

with a volume of at least 460 cubic inches, each bearing the

licensee‘s commercial tidal fish license number, or a flag according

to [§E] §D of this regulation.


[E.] D. Commercial Hook and Line Fishery Limitations.

(1) Except as provided in [§E(5)] §D(5) of this regulation, a

total of two crew members may assist a commercial tidal fish

licensee with the appropriate commercial striped bass [allocation]

permit to catch striped bass with hook and line.

(2) Except as provided in [§E(5)] §D(5) of this regulation, a

maximum of 4 individuals, including crew members, may be present

on a vessel which is engaged in commercial hook and line fishing.


(5) Children 12 years old or younger may be on board a vessel

engaged in commercial hook and line fishing in addition to any crew

members and licensees as described in [§E(1)] §D(1) and (2) of this

regulation.

[F.] E. (text unchanged)

[G.] F. General.

(1) A commercial tidal fish licensee may not catch striped bass

between 6 p.m. Friday and 5 a.m. Monday, except as provided in

[§§D, E, and F] §§C, D, and E of this regulation.

(2) A commercial tidal fish licensee may not catch more than

the licensee‘s catch limit assigned to the [allocation] striped bass

permit except as provided by the tolerance allowance in pounds as

follows:

(a)—(c) (text unchanged)

(3) A commercial tidal fish licensee may catch striped bass

using only the striped bass [allocation] permit assigned to the

licensee.

[(4) The Department shall notify a licensee of the licensee‘s

daily, weekly, and seasonal allocation at least 10 days before the

season begins.]

.12 General Restrictions.

A.—G. (text unchanged)


986


H. Season Limitations. [The Secretary:

(1) May establish seasons in Regulations .07—.10 of this

chapter for tidal waters of the Chesapeake Bay and its tributaries

according to the following:

(a) The recreational and charter boat seasons are within the

period April through November;

(b) The season for pound net, haul seine, and commercial

hook and line is within the period June through December;

(c) The gill net season is within the period December 1

through the last day of February;

(2) May close a season effective on the date which the

Secretary determines, based on catch and effort data, that the quota

for that user group is reached;

(3) May modify or extend a fishing season if the Secretary

determines that there is quota available to be caught;

(4) May modify] (1) In order to implement the Atlantic States

Marine Fisheries Commission Interstate Fishery Management Plan

for Striped Bass, the Secretary may modify or close a season or catch

limit, set a monthly catch limit, modify a size limit, or require

specific vessel trip information by [publishing notice in a daily

newspaper of general circulation at least 48 hours in advance of the

time of modification, stating the effective hour and date; and] issuing

a public notice on the Fisheries Service website that shall state its

effective hour and date at least 48 hours in advance of the effective

hour and date.

[(5) Shall] (2) The Secretary shall make a reasonable effort to

disseminate a public notice [of modification] issued under this

section through various other media so that an affected person has

reasonable opportunity to be informed.

(3) A violation of the restrictions set by the Secretary in

accordance with §H of this regulation is a violation of this

regulation.

JOHN R. GRIFFIN

Secretary of Natural Resources

Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 11 REAL ESTATE

COMMISSION

09.11.01 General Regulations

Authority: Business Occupations and Professions Article, §17-208, Annotated

Code of Maryland


[13-150-P]

The Real Estate Commission proposes to repeal Regulation .05

and amend Regulation .14 under COMAR 09.11.01 General

Regulations. This action was considered by the Commission at a

public meeting held on March 20, 2013, notice of which was given in

accordance with State Government Article, §10-506(c), Annotated

Code of Maryland.


The purpose of this action is to provide that the 3 years of

experience as a real estate salesperson required by statute to qualify

for the broker‘s license must immediately precede the submission of

the application, to make the period of licensure for waiver of the

education requirement for the broker‘s license the same 3-year

period, to require that an applicant for a broker‘s license pass both

portions of the licensing examination within 1 year of completion of

prelicensing education, and to phase in the 1-year requirement for

those who have completed their education prior to August 31, 2013.

The proposal would also delete outdated language regarding the time

of applying for a license after successful completion of the broker‘s

examination.




I. Summary of Economic Impact. An applicant for a broker‘s

license who does not successfully complete the licensing examination

within 1 year of completing prelicensing education must complete a

new set of prelicensing education requirements in order to be eligible

to take or retake the examination. The cost of a broker prelicensing

course is approximately $500.

Revenue

(R+/R-)

II. Types of

Economic Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local

governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade

groups: NONE

Broker‘s

prelicensing education

course (-)

Approximately $500 per

applicant

E. On other industries

or trade groups: NONE




Section II.)

D. An applicant who does not successfully complete both portions

of the broker licensing examination within 1 year of finishing a

prelicensing course would have to take a new prelicensing course.


The proposed action has minimal or no economic impact on small

businesses.




Comments may be sent to Katherine Connelly, Executive

Director, Real Estate Commission, 500 North Calvert Street, Third

Floor, Baltimore, MD 21202, or call 410-230-6227, or email to

[email protected], or fax to 410-333-0023. Comments will


987


be accepted through July 8, 2013. A public hearing has not been

scheduled.

Open Meeting

Final action on the proposal will be considered by the Real Estate

Commission during a public meeting to be held on July 17, 2013, at

10:30 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, MD

21202.

.14 Instruction in Real Estate Principles [&] and Practice for

Brokers.

A. — E. (text unchanged)

F. Experience Requirement for Broker. An individual who

demonstrates by evidence satisfactory to the Commission active,

regular, and lawful engagement in real estate practice as a licensed

salesperson or broker in good standing for at least the 3 years

immediately preceding submission of the application in Maryland or

any other jurisdiction of the United States, District of Columbia, or

United States territories may be deemed to have satisfied the 3 years

experience as a salesperson required for licensure as a broker.

[F.] G. Waiver of Educational Requirement for Broker. An

individual who demonstrates by evidence satisfactory to the

Commission [that he has actively and regularly engaged] active,

regular, and lawful engagement in real estate practice as a licensed

real estate broker in good standing in a jurisdiction other than

Maryland for at least 3 [of the 5] years immediately preceding

submission of [his] the application may be deemed to have satisfied

the educational requirement for broker.

H. Licensing Examination.

(1) Subject to §H(2) and (3) of this regulation, an applicant for

a broker’s license shall have 1 year from full completion of

prelicensing education requirements to pass both portions of the

broker licensing examination. An applicant who does not pass both

portions of the licensing examination within 1 year of completion of

the requirements shall complete a new set of prelicensing education

requirements in order to be eligible to take or retake the examination.

(2) An applicant who has fully completed prelicensing

education requirements more than 1 year prior to August 31, 2013,

shall pass both portions of the broker’s licensing examination no

later than February 28, 2014.

(3) An applicant who has fully completed prelicensing

education requirements less than 1 year prior to August 31, 2013,

shall pass both portions of the broker’s licensing examination within

1 year of completion of the requirements to avoid the need to

complete a new set of prelicensing education requirements.

[G.] I. Application for Licensure. An applicant who has

successfully completed both portions of the licensing exam shall

apply for licensure within 1 year of successfully completing the exam

in order for the applicant‘s test results to remain valid. [All applicants

who have successfully completed both portions of the licensing exam

more than 1 year before the effective date of this section shall apply

for licensure not later than January 1, 1998.]

J. NICHOLAS D‘AMBROSIA

Chairman

Real Estate Commission

Subtitle 20 BOARD OF PLUMBING

09.20.03 Responsibilities of Licensees

Authority: Business Occupations and Professions Article, §§12-207 and 12-

303(1), Annotated Code of Maryland


[13-149-P]

The Maryland Board of Plumbing proposes to adopt new

Regulation .02 under COMAR 09.20.03 Responsibilities of

Licensees. This action was considered by the Maryland Board of

Plumbing at a public meeting held on April 18, 2013, notice of which

was given in The Daily Record, Vol. 124, Number 123, page 20A

(April 3, 2013 edition) in accordance with State Government Article,

§10-506(c)(1), Annotated Code of Maryland.


The purpose of this action is to require that new and renewal

applicants for licensure provide the actual street address of the

applicant‘s residence or principal business of record, when an

application is filed in accordance with Business Occupations and

Professions Article, §12-303(1), Annotated Code of Maryland.




The proposed action has no economic impact.



businesses.




Comments may be sent to John T. Papavasiliou, Executive

Director, Occupational Licensing Boards, Department of Labor,

Licensing, and Regulation, 500 N. Calvert Street, Third Floor,

Baltimore, MD 21202, or call 410-230-6160, or email to

[email protected], or fax to 410-333-6314. Comments

will be accepted through July 12, 2013. A public hearing has not been

scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland

Board of Plumbing during a public meeting to be held on July 18,

2013, at 10:30 a.m., at 500 North Calvert Street, Third Floor

Conference Room, Baltimore, MD 21202.

.02 Street Address Required.

A. This regulation applies to all applications, both original and

renewal, received on or after January 1, 2014.

B. An applicant for a license shall provide to the Board the actual

street address of the individual’s residence or principal business

office. An applicant may not provide a post office box or private mail

drop as the applicant’s business address of record.

MICHAEL J. KASTNER, JR.

Chairman

Board of Plumbing


988


Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE Notice of Proposed Action

[13-146-P]

The Secretary of Health and Mental Hygiene proposes to amend:

(1) Regulation .02 under COMAR 10.07.04 Related

Institutions — Residential Treatment Centers for Emotionally

Disturbed Children and Adolescents;

(2) Regulations .02 and .04 under COMAR 10.07.13 Forensic

Residential Centers (FRCs);

(3) Regulations .01 and .03 under COMAR 10.07.15 License

Fee Schedule for Hospitals and Related Institutions;

(4) Regulations .01 — .03 under COMAR 10.07.20

Intermediate Care Facilities for Individuals with Intellectual

Disabilities or Persons with Related Conditions (ICF/IID); and

(5) Regulation .02 under COMAR10.12.04 Day Care for the

Elderly and Adults with a Medical Disability.


The purpose of this action is to replace obsolete language with

current terminology.







businesses.




Comments may be sent to Michele Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and

Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore,

Maryland 21201, or call 410-767-6499 (TTY 800-73-2258), or email

to [email protected], or fax to 410-767-6483. Comments


scheduled.

Subtitle 07 HOSPITALS

10.07.04 Related Institutions — Residential

Treatment Centers for Emotionally Disturbed

Children and Adolescents


.02 License Requirements.

A.—B. (text unchanged)

C. License Not Required Under These Regulations. The following

facilities are not deemed to be within the purview of these licensing

requirements and are not required to obtain a license under these

provisions:

(1) Any institution for well children, including day nurseries,

child care centers, foster boarding homes, and institutions for

[mentally retarded] intellectually disabled children;


D.—F. (text unchanged)

10.07.13 Forensic Residential Centers (FRCs)

Authority: Health-General Article, §§2-102 and 7-904; Criminal Procedure Article, §3-102; Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(5) ―Forensic residential center (FRC)‖ means a facility that is:

(a) Licensed to provide a continuum of integrative services

to individuals with [mental retardation] an intellectual disability:

(i)—(iii) (text unchanged)



(8) ―Qualified developmental disabilities professional (QDDP)‖

means an individual who coordinates and monitors the delivery of

services for individuals with [mental retardation] an intellectual

disability.


.04 Administrative Requirements.

A.—F. (text unchanged)

G. Personnel and Staffing.


(3) An FRC shall employ a Maryland licensed psychologist as

the supervising psychologist who shall:


(c) Have relevant work experiences and training in

conducting and completing functional analyses, assessments, and

behavior plans including experience working with individuals with

co-occurring diagnoses of mental illness, substance abuse, and

[mental retardation] an intellectual disability;

(d)—(f) (text unchanged)

(4) An FRC shall employ a Maryland licensed physician who:


(b) Has the relevant work experience in providing

psychiatric services to individuals with [mental retardation] an

intellectual disability and co-occurring disorders including mental

disorders and addiction diseases.


H.—J. (text unchanged)

10.07.15 License Fee Schedule for Hospitals and

Related Institutions

Authority: Health-General Article, §§19-320 and 19-323, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(3) ―Intermediate care facility for [the mentally retarded]

Individuals with Intellectual Disabilities or persons with related

conditions (ICF/IID)‖ means a facility which provides residential

care, treatment, or custody for the [mentally retarded] intellectually

disabled.



989


.03 Fee Assessment.

A. The licensure fee shall be established in accordance with the

following schedule:

Category of Licensed Facility Amount

of Fee

Assessment

Period

Intermediate Care Facility For [Mentally

Retarded] Individuals with Intellectual

Disabilities or persons with related conditions

(ICF/IID)

$3 per

bed 12 months

Residential Treatment Centers $1 per

bed 12 months

Health Care Facilities Within Correctional

Institutions

$2 per

bed 12 months

B. (text unchanged)

10.07.20 Intermediate Care Facilities [Serving

the Mentally Retarded] for Individuals with

Intellectual Disabilities or Persons with Related

Conditions (ICF/IID)


.01 Scope.

This chapter applies to any person, whether public or private,

operating a facility that:

A. (text unchanged)

B. Has as its primary purpose the provision of health rehabilitative

services for individuals with [mental retardation] an intellectual

disability or related conditions.

.02 Applicability of Health-General Article, Annotated Code of

Maryland.

An intermediate care facility [serving the mentally retarded] for

individuals with intellectual disabilities or persons with related

conditions (ICF/IID) shall be considered:

A.—B. (text unchanged)

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged).

(2) ―Facility‖ means an intermediate care facility [serving the

mentally retarded (ICF-MR)] for individuals with intellectual

disabilities or persons with related conditions (ICF/IID) within the

scope of this chapter.


Subtitle 12 ADULT HEALTH

10.12.04 Day Care for the Elderly and Adults

with a Medical Disability

Authority: Health-General Article, §§2-104, 14-206, and 14-304, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(22) Mental Illness.


(c) ―Mental illness‖ does not include [mental retardation]

intellectual disabilities.




Subtitle 22 DEVELOPMENTAL

DISABILITIES

10.22.02 Administrative Requirements for

Licensees

Authority: Health-General Article, §§7-904 and 7-909, Annotated Code of Maryland


[13-145-P]

The Secretary of Health and Mental Hygiene proposes to amend

Regulation .13 under COMAR 10.22.02 Administrative

Requirements for Licensees.


The purpose of this action is to:

(1) Update regulations to allow and encourage the use of

electronic records; and

(2) Increase the number of years that licensees are required to

maintain an individual‘s records from 5 to 6 years to be consistent

with medical assistance requirements.







businesses.







Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or

email to [email protected], or fax to 410-767-6483.


has not been scheduled.

.13 Records.

A.—C. (text unchanged)

D. The licensee shall:

(1) Maintain an individual‘s records for a minimum of [5] 6

years, regardless of whether the individual is no longer being served

or dies;


E. Electronic Records.

(1) The licensee is encouraged to use electronic records

whenever possible.

(2) Electronic records shall:

(a) Meet requirements in this chapter;

(b) Comply with the HIPAA privacy and security rules

pertaining to personal health information (PHI); and

(c) Be properly backed up and stored at an off-site location.




990


Subtitle 29 BOARD OF MORTICIANS

AND FUNERAL DIRECTORS

10.29.21 Mortuary Transport Services

Authority: Health Occupations Article, §§7-101 and 7-601—7-607, Annotated

Code of Maryland


[13-144-P]

The Secretary of Health and Mental Hygiene proposes to

adopt new Regulations .01—.11 under a new chapter, COMAR

10.29.21 Mortuary Transport Services. This action was

considered at a public meeting held on January 9, 2013, notice

of which was provided on the Board‘s website,

http://dhmh.maryland.gov/bom/SitePages/mtgdates.aspx, pursuant to

State Government Article, §10-506(c)(1), Annotated Code of

Maryland.


The purpose of this action is to:

(1) Require that operators of mortuary transport services be

permitted by the Board;

(2) Require that transporters employed by a mortuary transport

service be registered with the Board;

(3) Establish fees for a permit, registration, and other items;

(4) Establish a renewal process and a reinstatement process;

(5) Establish requirements for equipment that is used in

transporting human remains;

(6) Establish procedures for transporting human remains,

including:

(a) Prohibiting various acts;

(b) Setting vehicle standards; and

(c) Requiring that certain out-of-State transport services be

inspected by the Board under certain circumstances.




I. Summary of Economic Impact. This will result in revenue for

the Board and revenue for the Department of Public Safety and

Correctional Services‘ Criminal Justice Information System (CJIS).

However, it is unknown how many mortuary transport services are

currently operating and will need to seek a permit. Therefore the

economic impact cannot be determined at this time.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (R+) Indeterminable

B. On other State agencies:

DPSCS-Criminal Justice

Information System (CJIS) (R+) Indeterminable

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: (-) Indeterminable


trade groups: NONE




Section II.)

A., B., and D. The Board estimates that 100 mortuary transport

services will seek a permit, but it cannot estimate how many

transporters will need to be registered. Thus, the impact on Board‘s

revenues from fees, CJIS‘s revenues from requests for background

checks, and the total cost on the regulated industry cannot be

determined at this time.



businesses.







Maryland 21201, or call 410-767-6499 (TTY 800-735-2258, or email

to [email protected], or fax to 410-767-6483. Comments


scheduled.

.01 Scope.

This chapter applies to:

A. Applicants for a mortuary transport service permit;

B. Applicants for registration as a transporter for a mortuary

transport service;

C. Permitted mortuary transport services; and

D. Registered transporters.

.02 Definitions.

A. In this chapter, the following terms have the meanings

indicated.

B. Terms Defined.

(1) “Board” means the State Board of Morticians and Funeral

Directors.

(2) “CJIS” means the Criminal Justice Information System.

(3) “Cleaning” means to disinfect the entire interior of the

mortuary transport service vehicle, including the drivers’ cabin.

(4) “Crematory” means a building, portion of a building, or

structure that houses the necessary appliances and facilities for

cremation.

(5) “Criminal history records check” means the performance

of both a:

(a) State criminal history check by the Central Repository;

and

(b) National criminal history check by the Federal Bureau

of Investigation.

(6) “Disinfect” means a process that eliminates many or all

pathogenic microorganisms, except bacterial spores, on inanimate

objects using liquid chemicals or wet pasteurization.

(7) “Funeral establishment” means any building, structure, or

premises from which the business of practicing mortuary science is

conducted.

(8) Human Remains.

(a) “Human remains” means:

(i) The body of a deceased person; or

(ii) A part of a body or limb that has been removed from

a living person.


991


(b) “Human remains” includes the body or part of a body or

limb in any state of decomposition.

(9) “Impervious surface” means a surface constructed from

material that does not allow another substance to pass through or to

penetrate the material.

(10) “Licensed funeral establishment” means, unless the

context requires otherwise, a funeral establishment that is licensed by

the Board.

(11) Mortuary Transport Service.

(a) “Mortuary transport service” means an individual or a

business entity issued a permit by the Board that, for compensation:

(i) Removes and transports human remains;

(ii) Transports human remains from the place of death or

storage to a funderal establishment or crematory; or

(iii) Employs a transporter to remove or transport human

remains.

(b) “Mortuary transport service” does not include:

(i) A licensed funeral establishment using the

establishment’s own employee or employees to remove and transport

human remains for compensation in the establishment’s own Board-

inspected vehicle; or

(ii) A cemetery or an employee of a cemetery that

removes or transports human remains within the boundaries of the

cemetery.

(12) “Office” means the Office of Cemetery Oversight within

the State Department of Labor, Licensing, and Regulation.

(13) “Permit” means a permit issued by the Board to the owner

of a mortuary transport service to operate in the State.

(14) “Permit holder” means a mortuary transport service that

holds a permit issued by the Board.

(15) “Registered transporter” means an individual employee of

a mortuary transport service who has registered with the Board to

remove and transport human remains.

(16) “Registration” means a registration issued by the Board

to a registered transporter to remove and transport human remains.

(17) “Removal vehicle” means a vehicle of a size, dimension,

and specifications suitable for the transportation of human remains

which has passed an inspection by the Board.

(18) “Remove and transport human remains” means to remove

human remains from one location and transport the human remains

directly to another location.

.03 Requirements for a Permit.

A. To qualify for a permit to operate a mortuary transport service,

an individual shall:

(1) Be at least 18 years of age;

(2) Be of good moral character; and

(3) Satisfy the requirements of Health Occupations Article, §7-

602(c), Annotated Code of Maryland.

B. To apply for a permit, an individual shall submit to the Board:

(1) An application signed by an individual who is the owner or

co-owner of the mortuary transport service to be permitted, on a form

provided by the Board;

(2) The required fee as set forth in Regulation .08 of this

chapter;

(3) A notarized statement attesting to compliance with Health

Occupations Article, §7-602(c), Annotated Code of Maryland;

(4) Evidence that all removal vehicles have passed an

inspection by an inspector designated by the Board; and

(5) Evidence that the mortuary transport service is bondable

and carries liability insurance to cover each registered transporter

employed by the mortuary transport service.

C. An individual may not operate a mortuary transport service in

the State without a permit issued by the Board.

D. If the permit holder is the sole employee of the mortuary

transport service, the permit holder shall also be registered as a

transporter.

E. The permit holder shall return an expired permit to the Board

as soon as possible.

F. The permit holder shall be responsible for registering all

transporters in their employ.

.04 Requirements for Registration.

A. To qualify as a registered transporter, an individual shall:

(1) Be at least 18 years of age;

(2) Be of good moral character;

(3) Hold a current valid driver’s license in good standing; and

(4) Be employed by a mortuary transport service that holds a

permit issued by the Board.

B. Required Coursework. Before registering as a registered

transporter, an individual shall complete the following Board-

approved coursework options:

(1) An OSHA or MOSHA training course;

(2) A course on blood-borne pathogens;

(3) A course on infection control; and

(4) A law course on:

(a) Health-General Article, §5-513, Annotated Code of

Maryland; and

(b) This chapter.

C. To apply for a registration as a registered transporter, an

individual shall submit:

(1) A signed application on a form provided by the Board;

(2) Written, verified evidence satisfactory to the Board that the

applicant has:

(a) Completed the application for a criminal history records

check using the process required by CJIS and designating that the

check be sent to the Board; and

(b) Paid all fees required by CJIS;

(3) Evidence of successful completion of the coursework

required by §B of this regulation; and

(4) A copy of the individual’s driving record, including

probation before judgment findings.

D. A registered transporter shall maintain a current mailing

address, excluding a post office box address, on file with the Board.

E. The permit of the mortuary transport service that employs the

registered transporter shall be prominently displayed on the person

of the registered transporter by means of an identification card. The

identification card shall include the following information:

(1) A current picture of the registered transporter;

(2) The name of the mortuary transport service that employs

the registered transporter; and

(3) The permit number of the mortuary transport service.

F. The permit holder shall confiscate the identification card of a

transporter who is no longer in the permit holder’s employ and

return the identification card to the Board.

G. The Board may not register an applicant until the Board has:

(1) Received and reviewed the criminal history records

information; and

(2) Approved the completed application.

.05 Procedures.

A. Before use for removal of human remains, the registered

transporter shall inspect all body bags to ensure that the body bags

are fully closeable and that there are no holes, rips, or tears in the

body bags.

B. Potentially Infectious Body Fluids.

(1) All bodily fluids shall be considered as potentially

infectious and dealt with appropriately.

(2) Proper personal protective equipment shall be available for

use at all times; and


992


(3) Contaminated surfaces and equipment shall be cleaned with

disinfectant immediately upon completion of the removal or as soon

as possible after the removal.

C. After each removal and as soon as possible, the registered

transporter shall clean their hands using antiseptic hand cleanser

and paper towels or antiseptic towelettes. As soon as possible

thereafter, the registered transporter shall wash their hands using hot

running water and soap.

D. The permit holder shall establish a written schedule for

thorough cleaning, to be kept in the glove box of the removal vehicle,

and method for cleaning the removal vehicle and equipment at least

quarterly or as needed taking into account the use of the vehicle, the

type of contamination present, and the human remains transferred.

E. An individual authorizing removal shall, upon request, be given

an inventory in which the transporter has made note of all valuables

found on the decedent for the individual’s signature.

.06 Prohibited Acts.

A. A permit holder or transporter shall:

(1) At all times treat the human remains being transported with

the utmost dignity; and

(2) Comply with the requirements of Health-General Article,

§5-513, Annotated Code of Maryland.

B. A permit holder may not:

(1) Violate any Federal, State, or local law or regulation or

order a transporter to violate any Federal, State, or local law or

regulation;

(2) Employ a transporter who does not hold a registration

issued by the Board;

(3) In signage or advertisement, use a name for the mortuary

transport service that is different from the name of the mortuary

transport service as it appears on the permit issued by the Board;

(4) Operate the mortuary transport service in a manner that

does not respect:

(a) The dignity of the decedent; and

(b) The public health;

(5) Prevent or in any way inhibit the Board’s designated

inspector from investigating a complaint or from inspecting a

removal vehicle;

(6) Unless appropriately licensed, represent themselves as a

mortician or funeral director;

(7) Make arrangements for burial or cremation of human

remains;

(8) Fail to notify the Board within 30 days of:

(a) A change in address of the mortuary transport service;

(b) A change in address of a registered transporter; or

(c) A commencement of employment or a separation of

employment with a registered transporter;

(9) Dress or behave in an unprofessional manner while

performing their official duties;

(10) Advertise or solicit business directly to the family of a

dying person or recently deceased person; or

(11) Offer goods or services other than the service a permit

authorizes the permit holder to provide.

C. A registered transporter may not:

(1) Transport human remains without the required documented

authorization;

(2) Unless appropriately credentialed, represent themselves as

a:

(a) Permit holder;

(b) Mortician; or

(c) Funeral director;

(3) Transport human remains out of the State to a facility that

has not passed an inspection by the Board or the Office within the

last 2 years in accordance with Health-General Article, §5-513,

Annotated Code of Maryland;

(4) Allow an individual who is not an employee of the

employing mortuary transport service or of the funeral establishment

engaging the services of the mortuary transport service to

accompany the registered transporter while in the performance of the

registered transporter’s official duties;

(5) Make arrangements for burial or cremation of the human

remains unless appropriately licensed or certified by the Board or the

Office;

(6) Unless removing and transporting more than one human

remains from different locations, fail to transport the human remains

directly to the location agreed upon by the individual with the right to

final disposition of the human remains or to the location requested by

the mortician or funeral director;

(7) Fail to notify the Board of a change of the registered

transporter’s address within 30 days;

(8) Fail to display prominently on their person, in accordance

with Regulation .04D of this chapter, the permit number of the

mortuary transport service for which the registered transporter is

employed;

(9) Dress or behave in an unprofessional manner while

performing their official duties;

(10) Display in any removal vehicle any marking, sticker, or

other indication of passage of a Board inspection other than the

sticker issued by the Board;

(11) Advertise or solicit business directly from the family of a

dying person or recently deceased person;

(12) Offer goods or services other than the service a permit

authorizes the permit holder to provide;

(13) Sign a death certificate;

(14) Upon arrival at a location for the purpose of removing

and transporting human remains, fail to:

(a) Verbally identify themselves as a registered transporter;

and

(b) Identify the entity for whom they are removing and

transporting human remains;

(15) Perform their official duties in an unsanitary manner or in

a manner that does not observe the Centers for Disease Control’s

Guidelines on universal precautions; or

(16) Eat, drink, or smoke in the removal vehicle while in the

performance of their official duties.

.07 Vehicle Standards.

A. A removal vehicle shall:

(1) Be of appropriate size for the transport of human remains;

(2) Have windows tinted to the extent that human remains are

obscured from public view;

(3) Have a cargo bay which:

(a) Is fully enclosed; and

(b) Is designed to prevent co-mingling or shifting of human

remains while in transit; and

(4) Have a floor which is a nonporous, impervious surface.

B. A removal vehicle shall include at least the following

equipment:

(1) A removal stretcher and litter, each with a leakproof pouch;

and

(2) A universal precaution kit which shall include the

following:

(a) A red bio-waste bag;

(b) A heavy disaster pouch;

(c) Goggles;

(d) Booties;

(e) A mask;

(f) Disposable gloves;

(g) A clean or disposable apron;

(h) Antiseptic hand cleaner;

(i) Disinfectant spray;


993


(j) Clean towels; and

(k) A first-aid kit.

C. Before the sale of a removal vehicle, the permit holder shall

have the vehicle disinfected.

D. Removal vehicles shall be inspected by a Board-designated

inspector at least every 2 years starting from the date of first

inspection.

E. A removal vehicle which has passed a Board inspection shall

prominently display a Board-issued sticker on the vehicle attesting to

passage of the inspection.

.08 Fees.

The following fees related to mortuary transport services are

established by the Board:

A. Mortuary Transport Service Permit:

(1) Initial fee:

(a) Category 1 (for 1 — 3 transporters, including the permit

holder) — $350;

(b) Category 2 (for 4 — 7 transporters, including the permit

holder) — $500;

(c) Category 3 (for 8 — 15 transporters, including the

permit holder) — $750;

(d) Category 4 (for more than 15 transporters, including the

permit holder) — $1,000; and

(2) Renewal fee:

(a) The permit renewal fee shall be the same as the initial

fee provided there has been no change in category;

(b) If the number of transporters employed by a mortuary

transport service has increased resulting in a change in category, the

initial fee for the higher category shall be paid as the renewal fee;

(c) If the number of transporters employed by a mortuary

transport service has decreased, resulting in a change in category,

the initial fee for the lower category shall be paid as the renewal fee;

B. Transporter registration processing fee (to add a transporter

without change of category within the renewal cycle) — $40;

C. Late fee (permit) — $400;

D. Reinstatement fee — $350 + initial fee;

E. Duplicate or replacement permit — $40;

F. Duplicate registration — $50;

G. Permit or registration verification fee — $40; and

H. Replacement inspection sticker — $40.

.09 Renewal Requirements.

A. A mortuary transport service’s permit expires 30 days after the

effective date of this chapter.

B. After being issued an initial permit, a mortuary transport

service’s permit:

(1) Expires on the date set by the Board, unless it is renewed

for an additional term; and

(2) May not be renewed for a term longer than 2 years.

C. At least 1 month before the permit expires, the Board shall

issue a renewal notice to the permit holder that states:

(1) The date by which the renewal application shall be received

by the Board for the renewal to be issued and mailed before the

registration expires; and

(2) The amount of the renewal fee.

D. The permit holder may renew the mortuary transport service

permit for an additional term of 2 years if the permit holder:

(1) Is otherwise entitled to be issued a permit;

(2) Pays to the Board a renewal fee set forth in Regulation .08

of this chapter; and

(3) Submits to the Board:

(a) A completed renewal application on the form that the

Board requires;

(b) An updated criminal history records check; and

(c) An updated driving record, including probation before

judgment findings.

E. The Board shall impose the late fee established in Regulation

.08 of this chapter on any permit holder who fails to renew their

permit 1 month before it expires.

F. A transporter’s registration is effective provided:

(1) It has not been suspended or revoked by the Board; and

(2) The registered transporter is employed by a mortuary

transport service which holds a permit issued by the Board.

.10 Reinstatement Requirements.

A. To reinstate an expired permit, an individual shall:

(1) Resubmit the application required by the Board for initial

applicants;

(2) Satisfy the education requirements stated in Regulation

.04B of this chapter; and

(3) Pay to the Board the reinstatement fee established by the

Board in Regulation .08 of this chapter.

B. An individual whose registration has lapsed shall reapply to the

Board under the procedure set forth in Regulation .04 of this chapter.

.11 Multi-State Establishments.

A. All vehicles owned by an establishment located outside of the

State which is part of the same business structure as a licensed

Maryland funeral establishment shall be inspected by the Board if the

out-of-State establishment intends to transport Maryland decedents.

B. An establishment located outside of the State which is part of

the same business structure as a licensed Maryland funeral

establishment and which intends to transport human remains from

Maryland to the out-of-State establishment shall be subject to the

requirements of Health-General Article, §5-513, Annotated Code of

Maryland.



Subtitle 34 BOARD OF PHARMACY

10.34.23 Pharmaceutical Services to Patients in

Comprehensive Care Facilities

Authority: Health Occupations Article, §§12-205, 12-301, 12-401, and 12-

403, Annotated Code of Maryland


[13-142-P]

The Secretary of Health and Mental Hygiene proposes to

amend Regulations .03 and .09 under COMAR 10.34.23

Pharmaceutical Services to Patients in Comprehensive

Care Facilities. This action was considered by the Board of

Pharmacy at a public meeting held February 20, 2013, notice of

which was given by publication on the Board of Pharmacy website,

http://dhmh.maryland.gov/pharmacy/SitePages/Home.aspx, from

February 1, 2013 through February 20, 2013, pursuant to the State

Government Article, §10-506(c), Annotated Code of Maryland.


The purpose of this action is to amend regulations to require a

pharmacist to perform the final check on the contents of an interim

box.






994




businesses.











.03 Policies and Procedures.

The permit holder shall establish and operate under a policies and

procedures manual which:

A.―D. (text unchanged)

E. Includes:


(2) The conditions in which an interim box may be replenished

or prepared, delivered, and stored by the comprehensive care facility

in accordance with Regulation .09 of this chapter;

F.―G. (text unchanged)

.09 Drug Control and Accountability.

A.―F. (text unchanged)

G. Interim Box.

(1) An interim box may be provided by the pharmacy and kept

at the comprehensive care facility if comprehensive care facility

policies and procedures address an interim box and the pharmacy

complies with these policies and procedures.

(2) A licensed pharmacist shall perform the final check on the

contents of the interim box.

H.―L. (text unchanged)



Subtitle 53 BOARD OF NURSING —

ELECTROLOGY PRACTICE

COMMITTEE


[13-143-P]

The Secretary of Health and Mental Hygiene proposes to amend:

(1) Regulation .04 under COMAR 10.53.02 Licensure;

(2) Regulations .02—.04 under COMAR 10.53.04 Continuing

Education; and

(3) Regulation .01 under COMAR 10.53.12 Fees.

This action was considered by the Maryland Board of Nursing at a

public meeting held on February 26, 2013, notice of which was given

by publication on the Board‘s website under Board news on

January1, 2013 and February 1, 2013, pursuant to the State



The purpose of this action is to provide regulations for the Board

of Nursing to begin biennial licensure of electrologists beginning

October 28, 2013; adjust the continuing education unit (CEU)

requirements for the biennial renewal; adjust the renewal fee for the

biennial renewal; and make clarifying and technical changes.







businesses.











10.53.02 Licensure

Authority: Health Occupations Article, §§8-205, 8-303, and 8-6B-01—8-6B-

29, Annotated Code of Maryland

.04 Renewal of Licensure.

A. [A] Beginning in October 2013, a licensee otherwise entitled to

be licensed [may] shall renew a license for [an additional year] 2

years by submitting to the Board:


(3) Evidence acceptable to the Board of completion of the CEU

requirement as set forth in COMAR [10.53.03] 10.53.04.


10.53.04 Continuing Education

Authority: Health Occupations Article, §§8-205 and 8-6B-01—8-6B-29, Annotated Code of Maryland

.02 Continuing Education Requirements.

A. (text unchanged)

B. Beginning in 2015 and for every subsequent 2-year renewal

period, a licensed electrologist shall:

(1) Complete 20 clock hours of Board-approved CEUs by

October 28 in each renewal year; and

(2) Provide proof of completion to the Board upon renewal of

licensure.

[B.] C. (text unchanged)

.03 Continuing Education Unit.

A.—E. (text unchanged)

F. Beginning with the 2015 renewal and every subsequent 2-year

renewal period, CEUs may be obtained for the 2-year period, up to

the maximum specified as follows:

(1) 6 CEUs in the area of business management;

(2) 3 CEUs in CPR;

(3) 3 CEUs in First Aid;

(4) 6 CEUs by home study;

(5) 8 CEUs in alternative therapies;

(6) 8 CEUs for each preparation and delivery of a lecture or

published article; and

(7) Any education earned under Regulation .04 of this chapter.

.04 Approval of Courses.

A. (text unchanged)

B. Requests for Approval.



995


(2) CEU Credit for Renewal.

(a) CEUs earned [from] after October 29 of the last renewal

period through September 28 of the next renewal period may be used

only for the current license renewal period.

(b) CEUs earned between October 1 through October 28

may be used for the current renewal period or the next renewal

period, but not for both.


(d) [No credit will be allowed in a licensure year ending

October 28 for a course that was not approved before September 28

of that year] Credit will not be given for any CEU unless the Board

approves the program before the licensee attends an event.


10.53.12 Fees

Authority: Health Occupations Article, §§8-205 and 8-6B-01—8-6B-29,


.01 Fees.

A. (text unchanged)

B. The following fees are established by the Board:


(4) Renewal for 1 year or less — $100;

(4-1) Beginning in 2013, biennial renewal — $200


C. (text unchanged)



Title 13A

STATE BOARD OF

EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.03 Interscholastic Athletics in the State

Authority: Education Article, §§2-205 and 2-303(k), Annotated Code of

Maryland


[13-147-P]

The Maryland State Board of Education proposes to amend

Regulations .02—.07, .09, and .11 under COMAR 13A.06.03

Interscholastic Athletics in the State. This action was considered at

the Maryland State Board of Education meeting on April 23, 2013.


The purpose of this action is to provide a comprehensive editorial

upgrade as well as a reordering of regulations to reflect a more

consistent flow. Two substantive amendments are also proposed. The

first allows for an earlier start date for fall practice. The second

provides greater opportunity for coaches to facilitate individual

student athletic skill development.







businesses.




Comments may be sent to Edward F. Sparks, Executive Director,

Maryland Public Secondary Schools Athletic Association, Maryland

State Department of Education, 200 West Baltimore Street,

Baltimore, Maryland 21201, or call 410-767-0555 TTY: 410-333-

6442, or email to [email protected], or fax to 410-333-3111.



Open Meeting

Final action on the proposal will be considered by the Maryland

State Board of Education during a public meeting to be held on July

23, 2013 at 9:00 a.m., at 200 West Baltimore Street, Baltimore,

Maryland 21201.

.02 Eligibility.

Student eligibility for participation in interscholastic athletics at

the high school level shall be based on the following criteria:

A. Students shall be officially registered and attending [a] the

member MPSSAA school they are authorized to attend under

regulations of the local school system. They may represent only the

school in which they are registered and at which it is anticipated they

will complete their graduation requirements. [Ninth grade public

school students who reside in the attendance area of a high school

organized grades 10—12 may participate in the interscholastic

athletic program of that high school.]


D. [Students may participate in interscholastic athletic contests for

a maximum of three seasons in any one sport in grades 10, 11, and

12. Students who participate on an interscholastic team in grade 9

will have a maximum athletic eligibility of four seasons in that one

sport.] Students in grades 9, 10, 11, and 12 may participate in

interscholastic athletic contests for a maximum of four seasons in any

one sport.

E.—F. (text unchanged)

G. Students, while participating on a school team, are permitted to

participate [in the same sport] on sports teams outside of school

during the high school sport‘s season. This participation shall meet

the following criteria:


H. [Students shall present to their high school principal a

certificate from their parents or guardian (indicating the parents‘ or

guardian‘s) giving permission for participation.] Students shall

present to their high school principal a certificate of permission to

participate signed by their parent or parents, or guardian or

guardians.

I. [A student] Students shall be examined and certified to the high

school principal as being physically fit to participate in any try-out,

practice, or contest of a school team. The examination shall be

performed by a licensed physician, certified physician assistant under

the supervision of a licensed physician, or certified nurse practitioner.

J.—K. (text unchanged)


996


.03 Sports Season.

Member MPSSAA [member] schools shall conduct all

interscholastic athletic contests and practice sessions in accordance

with the following:

A. The sports seasons shall be defined as follows:

(1) ―Fall‖ means the 6th [Saturday] Wednesday following the

first [full week] Sunday of July, until the final date of the [county]

local, conference, district, regional, or State tournament.


(4) When [August 15th,] November 15th[,] or March 1st falls

on Sunday, practice will start the preceding Saturday.

(5) Required Practice. A member MPSSAA school may not

participate in a regularly scheduled game until at least 20 calendar

days have elapsed after and including the first day of practice. Golf is

the only exception to this regulation.

B. Maximum Number of Contests Permitted During a Sports

Season.

[(1) One additional contest beyond the maximum allowable

number may be played to determine a conference/league

championship. The results of that contest may not count towards

MPSSAA standings.]

[(2)] (1) All school athletic schedules shall be established

before the first [contest] MPSSAA allowable play date of each sport‘s

season according to the following instructions:

(a) Badminton[—15 matches with not more than two

matches per week. Three matches in one week may be scheduled

once during the season.]:

(i) 15 regular season games;

(ii) Not more than two matches per week; and

(iii) Three matches in one week may be scheduled twice

during the season.

(b) Baseball[—18 games with not more than three games

per week. Two additional games may be played in one holiday

tournament. A team may elect to play three games as part of a

holiday tournament and play 17 regular season games. The total

number of games may not exceed 20. Four games are permitted in 1

week if games are part of a holiday tournament. Holiday tournaments

shall be played on non-school days for all MPSSAA member schools

involved in a tournament. Holiday tournament results may not count

towards MPSSAA standings.]:

(i) 18 regular season games or 20 with designated

optional tournament;

(ii) Not more than three games per week;

(iii) A team may elect to play in one designated optional

two or three-game tournament;

(iv) If a team elects to play in a designated optional

three-game tournament, only 17 regular season games may be

scheduled; and

(v) If a team elects to play in the designated optional two

or three-game tournament, a fourth game may be played during that

week.

(c) Basketball[—20 games with not more than two games

per week. Three games in one week may be scheduled twice during

the season. Two additional games may be played in one holiday



number of games may not exceed 22. Holiday tournaments shall be

played on non-school days for all MPSSAA member schools


towards MPSSAA team standings.]:



(ii) Not more than two games per week;

(iii) Three games in one week may be scheduled twice

during the season;

(iv) A team may elect to play in one designated optional

two or three-game tournament; and

(v) If a team elects to play in a designated optional three-

game tournament, only 19 regular season games may be scheduled.

(d) Cross Country[—10 meets with not more than two meets

per week. Meets may not be held on consecutive days.]:

(i) 10 regular season meets;

(ii) Not more than two meets per week; and

(iii) Three meets in one week may be scheduled once

during the season.

(e) Field Hockey[—12 games with not more than two games

per week. Three games in 1 week may be scheduled twice during the

season. Two additional games may be played as part of a tournament

during the season. A team may elect to play three games as part of a

tournament and play 11 regular season games. The total number of

games may not exceed 14. The tournament shall be played during

non-instructional time for all MPSSAA member schools involved in

the tournament.]:





during the season;


two or three-game tournament; and

(v) If a team elects to play in a designated optional three-

game tournament, only 11 regular season games may be scheduled.

(f) Football[—10 games with not more than one game per

week.]:

(i) 10 regular season games; and

(ii) Not more than one game per week.

(g) Golf[—12 matches with not more than three matches per

week.]:

(i) 12 regular season matches; and

(ii) Not more than three matches per week.

(h) Gymnastics[—Eight meets with not more than two meets




(iii) Meets may not be held on consecutive days.

(i) Indoor Track[—Ten meets with not more than two meets





during the season.

(j) Lacrosse[—12 games with not more than two games per

week. Three games in one week may be scheduled twice during the

season. Two additional games may be played in a holiday

tournament. Holiday tournaments shall be played on non-school days

for all MPSSAA member schools involved in a tournament. Holiday

tournament results may not count towards MPSSAA standings.]:





during the season; and


two-game tournament.

(k) Outdoor Track[—10 meets with not more than two

meets per week. Meets may not be held on consecutive days.]:




during the season.


997


(l) Soccer[—12 games with not more than two games per

week. Three games in 1 week may be scheduled twice during the

season. Two additional games may be played as part of a tournament

during the season. A team may elect to play three games as part of a

tournament and play 11 regular season games. The total number of

games may not exceed 14. The tournament shall be played during

non-instructional time for all MPSSAA schools involved in the

tournament.]:





during the season; and


two or three-game tournament. If a team elects to play in a

designated optional three-game tournament, only 11 regular season

games may be scheduled.

(m) Softball[—18 games with not more than three games

per week. Two additional games may be played in one holiday



number of games may not exceed 20. Four games are permitted in 1

week if games are part of a holiday tournament. Holiday tournaments

shall be played on non-school days for all MPSSAA member schools


towards MPSSAA team standings.]:



(ii) Not more than three games per week;

(iii) A team may elect to play in one designated optional

two or three-game tournament;

(iv) If a team elects to play in a designated optional

three-game tournament, only 17 regular season games may be

scheduled; and

(iv) If a team elects to play in the designated optional two

or three-game tournament, a fourth game may be played during that

week.

(n) Swimming[—12 meets with not more than two meets




(iii) Meets may not be held on consecutive days.

(o) Tennis[—18 matches with not more than three matches

per week.]:

(i) 18 regular season matches; and

(ii) Not more than three matches per week.

(p) Volleyball[—15 matches with not more than two

matches per week. Three matches in one week may be scheduled

twice during the season. Teams may elect to play tri-matches

provided the total number of opponents does not exceed 15 during

the season, or teams may play 14 matches plus one multi-team

tournament.]:

(i) 15 regular season matches or 14 with designated


(ii) Not more than two matches per week;

(iii) Three matches in one week may be scheduled twice

during the season;

(iv) A team may elect to play tri-matches provided the

total number of opponents does not exceed 15 during the season; and

(v) Teams may play 14 matches plus one designated

optional multi-team tournament.

(q) Wrestling[—14 contests including dual meets and a

maximum of three tournaments and three tri-meets. A county

tournament required to qualify for the State tournament will not be

counted as one of the three allowed tournaments. There may not be

more than two contests per week. Multiteam events may be used to

make up postponed contests between teams originally scheduled.

Wrestling tournaments and meets are defined by Regulation .04E(3)

and (4) of this chapter.]:

(i) 14 regular season contests including dual meets and a

maximum of three tournaments and three tri-meets;

(ii) Not more than two contests per week including a

maximum of one tournament;

(iii) Multi-team events may be used to make up postponed

contests between teams originally scheduled;

(iv) A city/county/conference tournament required to

qualify for the state tournament will not be counted as one of the

three allowed tournaments; and

(v) Wrestling tournaments and meets are defined by

Regulation .04D(3) and (4) of this chapter.

(2) Conference/League Championships. One additional contest

beyond the maximum allowable number may be played to determine

a conference/league championship. The results of that contest may

not count towards MPSSAA standings.

(3) Postponed Games. Postponed contests may be rescheduled

during the season, provided the number of games does not exceed the

maximum number permitted in a week plus one additional contest.

.04 Operational Guidelines.

The regulations given below are established for all MPSSAA

interscholastic sports:

A. Equal Opportunity for Participation.

(1) Students may not be excluded on the basis of sex from

overall equal opportunity to participate in athletic programs. If a

school sponsors a team in a particular sport for members of one sex

but sponsors no such team for members of the opposite sex, and

before July 1, 1975, overall opportunities for members of the

excluded sex have been limited, the excluded sex shall be allowed to

try out for the team.

[A-1.]

(2) Athletics Equity for Students with Disabilities.

[(1)] (a) Students who meet the eligibility requirements of

Regulation .02 of this chapter may not be excluded on the basis of

disability from the opportunity to try out for and if selected,

participate in mainstream interscholastic athletic programs.

[(2)] (b) [Member Maryland Public Secondary Schools

Athletic Association (MPSSAA).] Member MPSSAA schools shall

provide reasonable accommodations necessary to provide students

with disabilities with equal opportunities to participate to the fullest

extent possible in mainstream athletic programs.

[(3)] (c) Students with disabilities who meet the eligibility

requirements of Regulation .02 of this chapter may be excluded from

mainstream athletic programs if inclusion:

[(a)] (i) Presents an objective safety risk to the student or

others based on an individualized assessment of the student; or

[(b)] (ii) Fundamentally alters the nature of the school‘s

mainstream athletic program.

B. MPSSAA Coaching Eligibility.

(1) Member MPSSAA schools shall employ as coaches:

(a) Teachers or certificated professional educators

[employees] employed by [of] the local Board of Education [for a

specific coaching assignment].

(b) Persons certifiable as [a] professional educators by the

State Department of Education according to 13A.12.01.

(c) Credentialed [Coaches] coaches who meet the following

requirements:

(i) [Is] Are eligible to hold a Maryland certificate under

COMAR [13A.12.01.04] 13A.12.01.03D;

(ii) [Possesses] Possess a MPSSAA/MSDE [Coach]

Coaching Certification;


998


(iii) [Has] Have completed 2 years of successful coaching

as an emergency coach; and

(iv) [Has] Have spent the previous 1 year as a successful

emergency coach at the school of hire in the position of hire.

(2) If no acceptable and qualified coaches are available from

the teachers or certifiable professional educators employed by the

local board of education, temporary emergency [coaches] coach may

be employed if the following procedures are followed:

(a)—(c) (text unchanged)

(d) [In sports] Teams having more than one coach,

emergency coaches may not comprise more than 50 percent of that

sport staff;

(e) (text unchanged)


(4) Member MPSSAA schools may permit volunteer athletic

coaches to assist their coaching staff. The volunteer coaches may not

serve as head coaches at any level and shall work only under the

direction of the head coach. The volunteer coach may be used if the

following procedures are followed:


(b) The volunteer coach [has] shall have completed or [is]

be enrolled in a one-credit course in the prevention and care of

athletic injuries;


[C. Required Practice. A member MPSSAA school may not

participate in a regularly scheduled game until at least 20 calendar

days have elapsed after and including the first day of practice. Golf is

the only exception to this regulation.]

[D.] C. Limits of Participation.


(2) Students who participate [in] on both varsity and junior

varsity teams may not play in a number of contests that exceed the

maximum number allowed [in a] for that sport in a week or season.

Students may not compete on both a varsity and junior varsity[team

on the same day] level against the same school on the same day.

(3) School athletic teams may not participate in any [games]

contests representing their school before or after the defined sports

season [in pre-season play or in post-season play].

(4) Member MPSSAA [member] schools may not play or

practice on Sundays.


(6) Member MPSSAA [member] schools shall practice with or

play against only high school teams as defined in §J of this

regulation.

(7) Individual students or teams representing a member

MPSSAA [member] school shall participate only in games, meets, or

tournaments which are conducted by appropriate educational

institutions.

(8) Member MPSSAA [member] schools may not enter

competition preliminary to a college or professional game.


[E.] D. Policies Pertaining to Wrestling.


[F. Postponed Games. One postponed contest may be rescheduled

in addition to the maximum number permitted per week in

Regulation .03 of this chapter.]

[G.] E. Out-of-Season Practice.

(1) Member MPSSAA [member] schools and coaches of

member schools shall confine school practices [for all students or

teams] to the seasonal limitations as defined in Regulation .03 of this

chapter.


[H.] F. Sports Officials. Schools involved in interscholastic

contests shall use only those officials certified by [Maryland Public

Secondary Schools Athletic Association] MPSSAA. Only qualified

officials shall be used in all sports [where] when MPSSAA certified

officials are not available.

[I.] G. Summer Camps.


(2) Member MPSSAA [member] schools, member school

coaches, school-related organizations, or individuals may not sponsor

or conduct a camp in which students who are returning players are

involved or participate. A camp composed of several coaches with

their respective teams is a violation of this regulation.

(3) Coaches of member MPSSAA [member] schools, while

affiliated with a camp, may not conduct any form of team or group

practice involving their school. Such a practice is considered a

violation of the out-of-season practice rule defined in Regulation

[.03A(1), (2), and (3)] .03 of this chapter.

(4) A member MPSSAA [member] school may not provide

school uniforms or equipment for students who attend a camp outside

of the defined sports season in Regulation .03 of this chapter.

[J.] H. Competitors.

(1) Member MPSSAA [member] schools shall only practice

with or play against high school teams that:

(a)—(e) (text unchanged)


(3) To verify compliance under [§J(2)(d)] §H(2)(d) of this

regulation, the administrative head of the school who is responsible

for the day-to-day administration of the school shall:


(b) Submit the verification for approval to the State

Superintendent of Schools annually before the first practice or

athletic competition against [an] a member MPSSAA [member high]

school team.

.05 Violations, Penalties, and Appeals.

A. Failure to comply with these regulations shall constitute a

violation which will result in the following penalties against the

member MPSSAA [member] school and either the student or the

coach, or both. Depending upon the severity of the violation, more

than one penalty may be imposed against the member MPSSAA

[member] school, student, or coach, or all of the above. Penalties

shall be imposed in the order listed below:

(1) Against a member MPSSAA [member] school:


(b) Second—Declare the member MPSSAA [member]

school ineligible for championship honors for the current school year

in the sport in which the violation occurred.

(c) Third—Declare the member MPSSAA [member] school

on probation for one school year which shall render the school

ineligible to compete in any approved State meet or tournament for

that year.

(d) Fourth—Impose additional penalties as may seem

justified in the particular case considered.


B. Procedure.

(1) First—Any member MPSSAA [member] school, student, or

coach shall notify the local supervisor of interscholastic athletics and

the MPSSAA Executive Director of the alleged violation.


C. Penalties imposed by local school systems for violations of

local school system rules adopted in accordance with Regulations

.01B and .02B shall be uniform with the penalties designated in

Regulation .05A of this chapter.

[C.] D. Appeals.

(1) A member MPSSAA [member] school, student, or coach

may appeal the imposed penalty within 30 days and request a hearing

before the Appeals Committee of MPSSAA.

(2) The Appeals Committee of the MPSSAA serves in a quasi-

judicial capacity.


999


[(2)](3)—[(11)](12) (text unchanged)

.06 Classification.

A. (text unchanged)

B. The local superintendent of schools shall submit to the

MPSSAA Executive Director by November 1, a report on the actual

school enrollment of students in Grades 9, 10, and 11 in each of the

member MPSSAA [member] schools as of September 30, in each

even-numbered year. The MPSSAA Executive Director and the

Classification Committee of the MPSSAA shall present a

recommendation for classification of member schools to the

MPSSAA Board of Control for adoption. Classification shall be

determined every 2 years based on the September 30 enrollment of

the previous year.

C. (text unchanged)

D. A new member MPSSAA [member] school that opens or a

member school whose enrollment is significantly changed by growth

or consolidation during the two-year period shall be placed in the

proper classification by the Classification Committee. ―Significantly

changed‖ means a decrease or an increase in enrollment of more than

25 percent. This new placement shall affect only the involved school

and may not affect the classification of other member schools.

E. When a member MPSSAA [member] school does not have all

three grades included in the enrollment figures upon which the

classification is based in the even-numbered year, but will have all

three grades in the following odd-numbered year when classification

becomes effective, the enrollment figure shall include the existing

grades and average of the current class sizes applied to each projected

grade.

.07 State Tournament Policies.

A. The [Maryland Public Secondary Schools Athletic Association]

MPSSAA games or tournament committees representing all of the

districts shall administer and supervise tournaments in the various

sports at the district, regional, and State level.

B. (text unchanged)

C. Although certain aspects of a tournament may vary from year

to year, the following basic policies shall be observed by all

tournament committees:


(2) A member MPSSAA [member] school or local school

system may decide whether or not to participate in the tournament.

(3) A member MPSSAA [member] school shall compete in its

classification when the tournament is so structured.


(11) If a team or any students participating in a State

tournament contest [play] leaves the field of competition before

completion of a contest, or fails to continue play when eligible to do

so, or is guilty of misconduct detrimental to the tournament, then the

team, coach, or students may be suspended from further participation

in the current tournament, and from the same tournament in the

succeeding year, upon the determination of the tournament

committee and the Executive Director.


D.—E. (text unchanged)

.09 Sanction Rules.

A. Students or teams representing a member MPSSAA [member]

school shall participate only in contests conducted by educationally

related organizations.

B. [A school or local school system that wishes to serve as host for

an intercounty or interstate contest shall file the appropriate sanction

request form with the MPSSAA Executive Director, a minimum of

45 days before the contest. When the event is an interstate contest,

invitations may not be extended to out-of-State schools to participate

until official sanction approval has been received from the National

Federation of State High School Associations.] Member MPSSAA

schools may not compete in any contest in any other state if either

school’s participation violates the regulations or established policies

of either state’s high school interscholastic athletic authority.

C. [Schools participating in interstate contests shall use the

National Federation contract form furnished by the MPSSAA

Executive Director.] Sanctioning Guidelines.

(1) Sanctioning for Interstate Competition.

(a) Member MPSSAA schools may not compete in any of the

following contests unless the contest has been sanctioned by each of

the interested state authorities through the NFHS:

(i) Any interstate meet in which four or more schools

participate;

(ii) Any competition involving schools from three or more

state athletic associations;

(iii) Any interstate two school contest which is not

sponsored by a NFHS state association or a state member school;

(iv) Any interstate two-school contest which involves

travel outside the United States of America; or

(v) Any interstate two-school contest, regardless of

distance to be traveled, which is sponsored by an individual or an

organization other than a member MPSSAA high school.

(b) A school or school system that wishes to serve as a host

for an interstate contest shall file the appropriate sanction request

form prior to the first play date and at least 15 days prior to the event

for events within the first 2 weeks of the season.

(c) Schools participating in interstate contests shall use the

National Federation contract form furnished by the MPSSAA

Executive Director.

(d) In all interstate contests, each participating school shall

follow the rules of the host state athletic authority.

(2) Sanctioning for Intrastate Competition.

(a) Member MPSSAA schools may only compete against

other member MPSSAA schools or schools approved through the

Standards of Competition.

(b) Approval of the MPSSAA Executive Director is required

for any intercounty contest involving more than three teams and

sponsored by a non-member educational institution.

(c) The host school shall file the appropriate sanction

request form with the MPSSAA Executive Director prior to the first

play date and at least 15 days prior to the event for events within the

first 2 weeks of the season.

(d) Member MPSSAA schools may host intercounty contests

involving only other member MPSSAA schools or schools approved

through the Standards of Competition without sanctioning approval.

(3) MPSSAA Sanction Guidelines. The following criteria shall

be met for sanction approval by the MPSSAA:

(a) The competition may not determine a regional or

national championship;

(b) The competition is not preliminary to a college or

professional game;

(c) The competition is sponsored by an educational

institution or similar nonprofit organization;

(d) Participation in the event is within the United States of

America, does not involve loss of instructional time, and complies

with the local school system policies and procedures for school-

sponsored travel; and

(e) All awards shall comply with Regulation .08 of this

chapter.

[D. In all interstate contests, each participating school shall follow

the rules of the host state athletic authority.

E. A school which is a member of a federation member state high

school association may not compete in any of the following contests

unless the contest has been sanctioned by each of the interested state


1000


authorities through the National Federation of State High School

Associations:

(1) Any interstate meet in which four or more schools

participate;

(2) Any competition involving schools from three or more state

athletic associations;

(3) Any interstate two-school contest which involves travel

outside the United States of America; or

(4) Any interstate two-school contest (regardless of distance to

be traveled) which is sponsored by an individual or an organization

other than a MPSSAA member high school.

F. A MPSSAA member school may not compete in any contest in

any other state if either school‘s participation violates the regulations

or established policies of either state‘s high school interscholastic

athletic authority.

G. Approval Required.

(1) A member MPSSAA school may not compete in any of the

following contests unless the contest is approved by the MPSSAA

Executive Director:

(a) Any intercounty contest involving more than three teams

and sponsored by a nonmember educational institution;

(b) Any intercounty contest involving more than four

schools;

(c) Any intercounty contest involving more than four

counties.

(2) The host school shall file the appropriate sanction request

form with the MPSSAA Executive Director at least 45 days before

the event.

H. MPSSAA Sanction Guidelines. The following criteria shall be

met for sanction approval by the MPSSAA:

(1) The competition may not determine a regional or national

championship;

(2) The competition is not preliminary to a college or

professional game;

(3) The competition is sponsored by an educational institution

or similar nonprofit organization;

(4) Participation in the event is within the United States of

America, does not involve loss of instructional time, and complies

with the local school system policies and procedures for school-

sponsored travel; and

(5) All awards shall comply with Regulation .08 of this

chapter.]

.11 Amendments.

A. Proposed written amendments to these regulations may be

submitted only by [an] a member MPSSAA school, [member] local

superintendent of schools, MPSSAA committee, or the MPSSAA

Executive Director. Proposed amendments shall be received by the

MPSSAA Executive Director at least 45 days before the annual

meeting of the MPSSAA Board of Control.

B. (text unchanged)

C. Notice of the proposed amendments shall be sent to each

member MPSSAA [member] school, local superintendent of schools,

and the State Superintendent of Schools at least 15 days before the

annual legislative meeting of the MPSSAA.

D.—F. (text unchanged)

LILLIAN M. LOWERY, Ed.D.

State Superintendent of Schools

Title 23

BOARD OF PUBLIC WORKS

Subtitle 03 PUBLIC SCHOOL

CONSTRUCTION

23.03.06 Indoor Environmental Quality Standard

Authority: Education Article, Section 5-301(b-1), Annotated Code of

Maryland


[13-141-P-I]

The Board of Public Works proposes to adopt new regulations .01

— .04 under a new chapter, COMAR 23.03.06 Indoor

Environmental Quality Standard. This action was considered at a

public meeting held on April 3, 2013, notice of which was published

pursuant to State Government Article, §10-506, Annotated Code of

Maryland.


The purpose of this action is to establish indoor-environmental

quality standards for relocatable classrooms sited at public schools.




I. Summary of Economic Impact. These requirements may have

an impact on the overall cost of building or leasing relocatable

classroom units.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local

governments: (E-) Indeterminable

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (+) Indeterminable


trade groups: NONE


effects on public: (+) Undeterminable


Section II.)

C. The economic impacts on local governments consist of the

increased costs to acquire units that meet the requirements after this

chapter‘s effective date, and the costs to upgrade units acquired

between October 1, 2007 and this chapter‘s effective date. The

former cost will vary depending on manufacturer. The latter cost will

depend on many factors, including the condition of the units. The

number of relocatable classroom units in service fluctuates depending

on enrollment need sand academic programs.


1001


D. Trade Groups

F. Direct economic: Potential reduction of costs to heat and cool

relocatable classrooms. Indirect economic and other: Improvement of

the indoor air quality of relocatable classrooms that house students

and teachers.


The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

The regulation may generate contracting opportunities for small

businesses required to upgrade relocatable classrooms acquired

between October 1, 2007 and the present. The impact of the proposed

action on small businesses is undeterminable.


The proposed action has an impact on individuals with disabilities

as follows:

The proposed action will result in improved indoor air quality in

relocatable classrooms, and may benefit individuals with certain

types of respiratory disabilities.


Comments may be sent to David Lever, Executive Director, Public

School Construction Program, 200 W. Baltimore Street, Baltimore,

Maryland 21201, or call 410-767-0611, or email to

[email protected], or fax to 410-333-6522. Comments will be

accepted through July 1, 2013. A public hearing has not been

scheduled.

.01 Definitions.

A. In this regulation the following terms have the meanings

indicated.

B. Terms Defined.

(1) “Locally constructed relocatable classroom” means a

relocatable classroom that is constructed at the school site.

(2) “Model Performance Code” means the construction

standards stated in COMAR 05.02.01.03.

(3) “Premanufactured unit” means a relocatable classroom

that is constructed by a vendor at a manufacturing plant and

transported to the school site.

(4) “Relocatable classroom” means a classroom unit that is

capable of being disconnected and transported from one school site

and reinstalled at another school site.

.02 Incorporation by Reference.

The International Green Construction Code (March 2012)

(International Code Council, 500 New Jersey Avenue, NW, 6th Floor,

Washington, DC 20001) Chapter 8, Sections 801 through 806, only

are incorporated by reference.

.03 Relocatable Classrooms at Public Schools.

All relocatable classrooms at public schools shall conform to:

A. The International Green Construction Code, Chapter 8,

Sections 801 through 806; and

B. One of the following:

(1) The Model Performance Code for premanufactured units;

or

(2) Local building codes for locally constructed relocatable

classrooms.

.04 Exceptions.

This chapter does not apply to relocatable classrooms purchased

or leased before October 1, 2007.

SHEILA McDONALD

Executive Secretary

Title 33

STATE BOARD OF

ELECTIONS

Subtitle 05 VOTER REGISTRATION

33.05.06 Changes, Deaths, Convictions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-301(c), 3-

504, and 3-505; Courts and Judicial Proceedings Article, §8-212; Annotated

Code of Maryland; 42 U.S.C. 1973aa-1(e)


[13-151-P]

The State Board of Elections proposes to amend Regulation .03

under COMAR 33.05.06 Changes, Deaths, Convictions. This

action was considered by the State Board of Elections at its April 25,

2013, meeting, notice of which was given in accordance with State



The purpose of this action is to incorporate federal requirements

for certain voters who move outside of Maryland before certain

elections.







businesses.




Comments may be sent to Nikki Baines Charlson, Director,

Election Management and Reform, State Board of Elections, P.O.

Box 6486, Annapolis, MD 21401-0486, or call 410-269-2843, or




.03 Requested Change of Address to Jurisdiction Outside

Maryland.

A. (text unchanged)

B. Change of Address Immediately Before Presidential General

Election. If a registered voter notifies an election director that the

voter moved to a jurisdiction outside Maryland within 30 days of a

presidential general election day and is not able to register to vote in

that jurisdiction because voter registration is closed, the election

director shall:

(1) Request that the voter provide a written notice of the voter’s

move and include in the notice the effective date of the move and the

voter’s new address;

(2) Upon receipt of the written notice, provide the voter with a

ballot for President and Vice President only; and

(3) When voter registration reopens, remove the voter from the

Statewide voter registration list.


1002


[B.] C. (text unchanged)

LINDA H. LAMONE

State Administrator of Elections

Subtitle 08 CANVASSING


[13-152-P]

The State Board of Elections proposes to:

(1) Amend Regulation .01 under COMAR 33.08.01

Definitions; General Provisions; and

(2) Adopt a new Regulation .01, recodify existing Regulations

.01, .02, and .04 — .06 to be Regulations .02, .03, and .05 — .07,

respectively, and amend and recodify existing Regulation .03 to be

Regulation .04 under COMAR 33.08.05 Post-Election Verification

and Audit.

This action was considered by the State Board of Elections at its

April 25, 2013, meeting, notice of which was given in accordance

with State Government Article, §10-506(c), Annotated Code of

Maryland.


The purpose of this action is to make a defined term apply to a

specific regulation and alter when the local boards of election must

select precincts for a post-election verification and audit.







businesses.










33.08.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), [11-201,] and 11-201, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (2) (text unchanged)

[(3) ―Precinct‖ includes an early voting center.]


33.08.05 Post-Election Verification and Audit

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-403, and 11-201,


.01 Definition.

A. In this chapter, the following term has the meaning indicated.

B. Term Defined. “Precinct” includes an early voting center.

[.03] .04 Selection of Precincts.

A. [During the preelection public demonstration required by

COMAR 33.10.02.16] After 8 p.m. on election day, each local board

shall randomly select for post-election verification and auditing, the

greater of:

(1) Three precincts; or

(2) 5 percent of all precincts used in the election.

B. Within 3 days of [the public demonstration] selecting the

precincts, the election director shall forward to the State

Administrator a list of the selected precincts.

C. (text unchanged)

LINDA H. LAMONE


Subtitle 09 VOTING SYSTEMS —

CERTIFICATION AND GENERAL

REQUIREMENTS


[13-153-P]


(1) Amend Regulations .01 — .05 and .07 under COMAR

33.09.01 Definitions; General Provisions;

(2) Amend Regulation .04 under COMAR 33.09.02 Minimum

System Requirements;

(3) Amend Regulations .01, .02, and .04 — .06 and adopt new

Regulation .08 under COMAR 33.09.03 State Board Certification

— Preliminary Submissions;

(4) Amend Regulations .01 and .03, adopt new Regulation .05,

and amend and recodify existing Regulations .05 and .06 to be

Regulations .06 and .07 under COMAR 33.09.04 State Board

Certification — Evaluation and Decision;

(5) Amend Regulations .02 and .03, repeal Regulations .04 and

.05, and amend and recodify existing Regulation .06 to be Regulation

.04 under COMAR 33.09.05 State Board — Acquisition and

Acceptance;

(6) Amend Regulation .01, repeal Regulations .02 and .03, and

amend and recodify existing Regulation .04 to be Regulation .02

under COMAR 33.09.06 Implementation and Use; and

(7) Amend Regulations .02, .06, and .08 under COMAR

33.09.07 Compliance and Decertification.




Maryland.


The purpose of this action is to update the subtitle to reflect the

current process to procure a voting system for Statewide use, alter

when State certification of voting systems occurs, amend certain

minimum requirements for voting systems and application

requirements for State certification, update terms and statutory

references, and make other clarifying changes.







businesses.


1003












Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 9-102(b),


.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(2) ―Independent [test agency (ITA)] testing laboratory‖ means

a [testing facility certified by the Voting System Board of the

National Association of State Election Directors to do qualification

testing or a] laboratory accredited by the U.S. Election Assistance

Commission.


.02 Scope.

[This subtitle applies to all voting systems, whether developed by

a third party or developed in-house by a local board.] This subtitle

applies to a vendor of a voting system that is seeking for its voting

system to become selected and certified for voting in polling places

and a voting system for absentee voting as required by Election Law

Article, §9-101, Annotated Code of Maryland.

.03 Overview of Required Process.

[A local board may not use a voting system, in whole or part,

unless] Prior to using the voting system selected and certified for

voting in polling places and the voting system selected and certified

for absentee voting:

[A. The State Board is satisfied that the local board:

(1) Has or will acquire the necessary expertise in computer

technology to use this particular voting system in performing the

functions required by Election Law Article, Annotated Code of

Maryland, and this subtitle; and

(2) Will not need to rely primarily on vendors to perform those

functions;]

[B.] A. [That] The model or version of the voting system,

including all parts and components, [has] shall have successfully

completed:

(1) Qualification testing by an independent [test agency] testing

laboratory, as required by Election Law Article, [§9-102(c)(2)] §9-

102(d)(2), Annotated Code of Maryland;


[C.] B. The State Board [has] shall have adopted regulations for

the use of that model or version, as specified in COMAR 33.09.04;

[D.] C. The State Board and local [board has] boards shall have

adopted an implementation plan [approved by the State Board], as

specified in COMAR 33.09.06; and

[E.] D. All other requirements of Election Law Article, Annotated

Code of Maryland, and this subtitle shall have been met.

.04 Standards and Considerations.

A. Standards. The State Board may not certify a voting system

unless it meets the standards imposed by Election Law Article, [§9-

102(c)] §9-102(d), Annotated Code of Maryland.

B. Factors To Be Considered. In determining whether a voting

system meets the required standards, the State Board shall consider

the factors set forth in Election Law Article, [§9-102(d)] §9-102(e),

Annotated Code of Maryland.

.05 Specialists; Evaluation Agent.

A. Employment of Specialists.


(2) The specialists may include:

(a) — (c) (text unchanged)

(d) A specialist in [mechanical or electromechanical]

electronic systems; [and]

(e) A specialist in [automatic data processing resources]

computer science; and

(f) A specialist in usability and accessibility.

(3) The State Administrator shall use the nonrefundable

application fee under COMAR 33.09.03.02G and funds required by

COMAR 33.09.04.02C to fund the compensation and expenses of all

specialists employed to evaluate a voting system [shall be paid by the

person applying for that system‘s certification].

B. (text unchanged)

.07 Emergency Waiver of Regulations.

A. (text unchanged)

B. Temporary Waiver Authorized. [On application of the local

board, the] The State Board may waive one or more of the

requirements of this subtitle as required to facilitate the [local

board‘s] use of a substitute voting system for the ensuing election,

subject to such special procedures or requirements the State Board

sets to assure that the substitute system will be reliable and accurate.

C. Limitations.


(2) A substitute system used under this regulation may not

again be used [by the local board] unless that system has been fully

certified in accordance with all procedures and requirements of this

subtitle.

33.09.02 Minimum System Requirements

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and [9-102(a)] 9-102(b), Annotated Code of Maryland

.04 [Counters] Counter.

Each voting machine shall be equipped with a[:]

[A. Public] public counter that, during any period of voting, will

show the total number of voters who have operated the machine

during that period of voting[; and

B. Protective counter that will show the total number of voters

who have operated the machine since it was first put in service].

33.09.03 State Board Certification —

Preliminary Submissions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and [9-102(a)] 9-

102(b), Annotated Code of Maryland

.01 Prerequisites to Application.

The State Board‘s evaluation and certification procedures are

limited to voting systems [that]:

A. [Are] That are beyond the prototype stage and available for

[immediate] installation and use within the time frame specified by

the State Board; and

B. [Have successfully completed] For which the qualification

testing, as required by Election Law Article, [§9-102(c)(2)] §9-

102(d)(2), Annotated Code of Maryland:

(1) Has been successfully completed; or


1004


(2) Has not been completed, but the voting system vendor has

provided:

(a) Documentation from the U.S. Election Assistance

Commission that the voting system has been submitted for

qualification testing; and

(b) A schedule that indicates completion within the time

frame specified by the State Board.

.02 Applications.

A. — D. (text unchanged)

E. Qualification Certificate. [The] If an independent testing

laboratory has completed qualification testing on the voting system,

the application shall be accompanied by a:


(2) Signed authorization directing the independent [test agency]

testing laboratory that performed the qualification testing to:

(a) — (b) (text unchanged)

F. — G. (text unchanged)

.04 Notice and Package Submissions.

A. (text unchanged)

B. Submissions to Agent. The applicant shall submit to the

evaluation agent the:

(1) Technical data package required by Regulation .05 of this

chapter; [and]

(2) Business information package required by Regulation .06 of

this chapter; and

(3) Voting system equipment required by Regulation .08 of this

chapter.

C. (text unchanged)

D. Disposition of Submissions.

(1) If the application is denied or withdrawn or the system is

not selected for use as the Statewide voting system, the technical data,

[and] business information packages, and voting system equipment

submitted under this chapter shall be returned to the applicant.

(2) If the application is approved and the voting system

certified and selected for use as the Statewide voting system, the

technical data, [and] business information packages, and voting

system equipment shall be retained by the State Board for as long as

the voting system is [marketed or] used in this State.

.05 Technical Data Package.

A. Required Information—In General. The technical data package

shall contain all documentation previously submitted for the

qualification testing of the system, including each of the following:


(8) [The] When available, the report and test results of the

independent [test agency] testing laboratory.

B. Required Information—License and Warranty. The package

also shall include:

(1) A list of all third-party software required to install or

operate the system; and

(2) The terms of the license agreements for all software

identified under §B(1) of this regulation[; and

(3) Warranty terms for the entire system, including all third-

party software].

[C. Required Information—Local Board Needs. The package also

shall include a proposed:

(1) Judges‘ manual, as required by COMAR 33.02.03; and

(2) Local implementation plan, as required by COMAR

33.09.06.]

[D.] C. (text unchanged)

.06 Business Information Package.

A. (text unchanged)

B. Required Information. The business information package shall

include:


(2) Management and staff organization, including:

(a) Number of full-time employees by category; and

(b) Number of part-time employees by category[, and

(c) Resumes of all key employees who would deal with local

boards in connection with the voting system];


C. — D. (text unchanged)

.08 Voting System Equipment.

The voting system vendor shall provide all equipment that was

submitted for qualification testing and is necessary for the evaluation

agent to fully test all system functions. Equipment shall include:

A. Optical scanners for precinct voting and central count optical

scanners for absentee and provisional voting;

B. Any voting equipment and assistive devices for use by voters

with disabilities;

C. Optical scan ballots for testing under COMAR 33.09.04.01C;

D. Election management server software;

E. All third-party software required to operate the system; and

F. All necessary ancillary equipment.

33.09.04 State Board Certification — Evaluation

and Decision

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and [9-102(a)] 9-

102(b), Annotated Code of Maryland

.01 Agent’s Evaluation Proposal.

A. Agent to Prepare. The evaluation agent shall:

(1) Conduct a preliminary analysis of the technical data, [and]

business information packages, and equipment; and


B. Contents of Proposal. The proposal shall:

(1) Identify any components of the voting system that will

require supplemental qualification testing by an independent [test

agency] testing laboratory;

(2) Identify [the] any additional components of the voting

system that will require evaluation by the evaluation agent;


C. — D. (text unchanged)

.03 Evaluation.

A. Supplemental Qualification Testing. The applicant is

responsible for arranging with an independent [test agency] testing

laboratory for any supplemental qualification testing identified in the

evaluation proposal.

B. (text unchanged)

.05 Public Demonstration and Comment.

Prior to the State Board’s determination on whether to grant

certification under Regulation .06 of this chapter, the State

Administrator shall provide a public demonstration of the voting

system and solicit comments from the public on the system and its

proposed certification.

[.05] .06 Board Decision.

Based on the evaluation agent‘s report, the State Administrator‘s

recommendations, and any other information in its possession, the

State Board shall decide whether the proposed voting system will be

certified for use in this State and so notify the vendor [and the local

boards].


1005


[.06] .07 System Regulations.

[A. Board to Adopt.] As required by Election Law Article, [§9-

102(e)] §9-102(i), Annotated Code of Maryland, the State Board will

adopt regulations governing the use of each voting system that it

certifies.

[B. Certification Effective Only When Adopted. The certification

of a voting system is not effective until regulations for that system

have been adopted.

C. Use Subject to Regulations. A local board may use a voting

system only in accordance with all applicable regulations.]

33.09.05 State Board — Acquisition and

Acceptance



.02 Certification and Acceptance Contingency.

[Each] The contract shall provide that:

A. — B. (text unchanged)

.03 Governing Law.

[Each] The contract shall provide that Maryland law prevails in all

matters.

[.06] .04 Source Code Protection.

[Each] The contract shall provide that, if the vendor discontinues its

support of the system for any reason, the State Board is authorized to

use the archival system source codes and other software in any way

that the State Board considers necessary or appropriate to support the

continued use of the system.

33.09.06 [Local Boards —] Implementation and

Use



.01 Implementation Plan Required.

[Before a local board uses a voting system for the first time in an

election, the local board shall develop and, subject to the approval of

the State Board, adopt a local implementation plan for that system.]

A. Voting System Implementation Plan.

(1) The State Administrator shall develop a voting system

implementation plan.

(2) The plan shall include:

(a) A detailed project schedule;

(b) All tasks required by the Department of Information

Technology for implementation of a major information technology

project;

(c) Documentation and training of election personnel and

election judges;

(d) Detailed instructions for all aspects of the management

and maintenance of the system; and

(e) Security of the system.

B. Local Implementation and Funding. The local board shall

implement and provide the required level of funding for the voting

system implementation plan developed by the State Administrator.

C. Reports.

(1) The State Administrator shall provide the State Board with

reports on the progress of the implementation of the voting system.

(2) The election director shall:

(a) When requested by the State Administrator, report in

writing to the State Administrator on the conduct of the voting system

implementation; and

(b) Report at each meeting of the local board the status of

the voting system implementation.

[.04] .02 Public Education Program.

A. [Local Board to Develop and Conduct] Plan Development. The

State Administrator shall develop a public education program

[required as part of the implementation plan shall be designed] to

ensure that the community understands the new system.

B. Minimum [Component] Components; Scope.

(1) The program shall include[, but need not be limited to a]:

(a) — (b) (text unchanged)


C. Local Implementation and Funding. The local board shall

implement and provide the required funding for the public education

plan developed by the State Administrator.

[C.] D. Reports [to State Administrator].

(1) When requested by the State Administrator, the local board

shall report in writing to the State Administrator on the conduct of the

public education plan. [:

(1) Development of its public education program; and]

(2) [Conduct of that program.] The election director shall

report to the local board the status of the implementation of the

public education plan.

33.09.07 Compliance and Decertification



.02 Compliance Responsibility.

A. Vendors.


(2) Before a vendor [makes any attempt to market or otherwise

distribute in this State] distributes any change to the hardware,

firmware, or software of a certified voting system (including any

improvement, upgrade, or patch), the vendor shall submit the

proposed change to the State Administrator for review or acceptance.

Failure to comply with this requirement may result in the system‘s

decertification.

B. Local Boards.

[(1)] A local board is responsible for ensuring every voting

system and every system component that it uses has been certified by

the State Board.

[(2) Before a local board buys or otherwise accepts any change

to the hardware, firmware, or software of a certified voting system

(including any improvement, upgrade, or patch), the local board shall

verify with the State Board that the proposed change has been

certified or, as authorized in COMAR 33.09.06, that certification has

been waived].

.06 Periodic Reviews.

The State Administrator shall periodically review [each] the

voting system used in this State to assure the:

A. — B. (text unchanged)

.08 Permissive Decertification.

A. — C. (text unchanged)

D. Board Decision. If the Board determines that [the] a voting

system no longer merits certification, the State Board may decertify

the system from[:

(1) All] all future sale and use in this State[; and

(2) Except as specified in Election Law Article, §9-103(c),

Annotated Code of Maryland, all future use in this State].

LINDA H. LAMONE



1006


Subtitle 10 VOTING SYSTEMS —

SYSTEM REQUIREMENTS AND

PROCEDURES

33.10.02 AccuVote-TS

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102(b) and (i),

11-308, and 11-403(a)(1), Annotated Code of Maryland


[13-154-P]


under COMAR 33.10.02 AccuVote-TS. This action was considered

by the State Board of Elections at its April 25, 2013, meeting, notice

of which was given in accordance with State Government Article,

§10-506(c), Annotated Code of Maryland.


The purpose of this action is to clarify when certain testing must

be completed.







businesses.










.14 Preelection Testing — In General.

A. Testing Required.


(2) The testing shall be completed:


(b) For the Election Management System, voting units and

accessible voting equipment being used for voting on election day

and for absentee and provisional voting, at least 10 days before [an]

election day.

B. — C. (text unchanged)

LINDA H. LAMONE


Subtitle 11 ABSENTEE BALLOTS


[13-155-P]



Definitions; General Provisions;

(2) Amend Regulations .03 and .06 under COMAR 33.11.02

Applications;

(3) Amend Regulation .08 under COMAR 33.11.03 Issuance

and Return; and

(4) Amend Regulation .03 under COMAR 33.11.04 Canvass

of Ballots — Procedures.




Maryland.


The purpose of this action is to establish the conditions of use for

a certain federal form, clarify permissible changes when voter

registration is closed, alter the deadline for receipt of absentee ballots

for certain elections, and alter the start of certain canvasses for certain

elections.







businesses.











Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301, 11-

302, and 11-304, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(4) ―Federal Write-in Absentee Ballot‖ means a write-in

absentee ballot for use in elections conducted under Election Law

Article, Annotated Code of Maryland, by an absent uniformed

services voter or an overseas voter [who submits a timely request for

an absentee ballot but has not received the absentee ballot].


33.11.02 Applications

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301, and 11-302, Annotated Code of Maryland

.03 Informal, Written Request.

A. (text unchanged)

B. Contents of Request. The request shall include the:


(5) Preprinted Form.

(a) [In] Except as provided in §B(5)(b) of this regulation, in

the case of a preprinted form other than a form authorized by

Regulation .02 of this chapter, the deadline for the receipt of an

absentee ballot application.

(b) The deadline for the receipt of an absentee ballot

application is not required on a declaration accompanying the

Federal Write-in Absentee Ballot.

C. — F. (text unchanged)


1007


.06 Processing Applications — Change of Name, Address, or

Party Affiliation. A. (text unchanged)

B. During Closed Period. If the application is received during a

period when voter registration is closed and:

(1) Includes a new address, the election director shall:

[(1)] (a) If the voter moved:

[(a)] (i) — [(b)] (ii) (text unchanged)

[(2)] (b) Provide that ballot to the address as requested on

the application[.]; or

(2) Includes a change of name or party affiliation, the election

director may not process the change until voter registration reopens.

33.11.03 Issuance and Return

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.08 When Ballots Are Timely.

A. (text unchanged)

B. In General. An absentee ballot is considered to have been

timely received only if:


(2) The ballot:

(a) Is received by the local board office from the United

States Postal Service or a private mail carrier[:

(i) On or before 10 a.m. on the second Wednesday after a

primary election preceding a Baltimore City General Election; or

(ii) On] on or before 10 a.m. on the second Friday after

[any other] an election; and

(b) (text unchanged)

C. (text unchanged)

33.11.04 Canvass of Ballots — Procedures

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301, 11-

302, and 11-304, Annotated Code of Maryland

.03 Start of Canvass.

A. When Required.


(2) The board shall start the second absentee ballot canvass at[:

(a) 10 a.m. on the second Wednesday after a Baltimore City

Primary Election; or

(b)] 10 a.m. on the second Friday after [any other] an

election.

(3) If the start of an absentee canvass falls on a legal holiday,

the board shall convene the absentee canvass on the next regular

business day.

B. (text unchanged)

LINDA H. LAMONE


Subtitle 13 CAMPAIGN FINANCING


[13-158-P]



Definitions;

(2) Amend Regulations .01 and .02, adopt new Regulation .05,

and recodify existing Regulation .05 to be Regulation .06 under

COMAR 33.13.07 Authority Line Requirements; Electronic

Media; and

(3) Amend Regulation .02 and adopt new Regulation .03 under

COMAR 33.13.10 Prohibitions.




Maryland.


The purpose of this action is to define certain terms, establish

certain requirements for use of barcodes and application software by

political committees, and define certain prohibited contributions and

expenditures.







businesses.










33.13.01 Definitions

Authority: Election Law Article, §§2-102(b)(4) and 13-218(b), and Title 13,

Subtitle 3, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(2) Electoral Purpose.

(a) “Electoral purpose” means an action that promotes or

enhances the success or defeat of a candidate, a political party, or a

question in an election and would not have occurred but for the

existence of the candidacy, political party, or question.

(b) “Electoral purpose” includes actions that increase the

visibility or viability of a candidate, political party, or question, such

as: (i) Appearing on campaign material of a political or

advocacy committee or organization; or (ii) Attending charitable or political events.

[(2)] (3) — [(4)] (5) (text unchanged)

33.13.07 Authority Line Requirements;

Electronic Media

Authority: Election Law Article, §§2-102(b)(4) and 13-404, and Title 13,

Subtitle 4, Part I, Annotated Code of Maryland

.01 Definitions.

A.(text unchanged)

B. Terms Defined.

(1) “Agent” means a person acting on behalf of and in

coordination with a political committee.


1008


(2) Application Software.

(a) “Application software” means software designed to help

the user to perform a single or multiple related specific tasks.

(b) “Application software” includes all terms descriptive of

application software, including but not limited to “application” and

“app.”

(3) “Authority line” has the meaning stated in Election Law

Article, §13-401, Annotated Code of Maryland.

(4) “Barcode” includes a matrix code, 2d barcode, QR code,

and 2d code.

(5) “Distribution” means the act or instance of sharing or

sending campaign material or hyperlinks of campaign material to the

public, or to a list of subscribers, by means of an electronic

communications platform, the Internet, text messaging service, or

software application.

[(1)] (6) — [(2)] (7) (text unchanged)

[(3)] (8) Political Committee.


(b) ―Political committee‖ includes:

(i) [a] A candidate;

(ii) A person required to file an independent expenditure

report pursuant to Election Law Article, §13-306, Annotated Code of

Maryland; or

(iii) A person required to file an electioneering

communication report pursuant to Election Law Article, §13-307,

Annotated Code of Maryland.

(9) Publication.

(a) “Publication” means the act or instance of making

campaign material available to the public, or to a list of subscribers,

by means of an electronic communications platform, the Internet, text

messaging service, or software application.

(b) “Publication” includes displaying content on the

Internet, updating webpages, posting blogs, and providing updates or

posts on social media.


.02 Requirements.

A. In General.


(2) A website, email, or other online content that is established,

created, used, or authorized by a political committee or its agent for

the purpose of promoting or opposing a candidate, a prospective

candidate, or the approval or rejection of a question is campaign

material as defined under Election Law Article, §1-101(k), Annotated

Code of Maryland and, except as otherwise specified in this

regulation, shall include an authority line as required under Election

Law Article, §13-401, Annotated Code of Maryland.

B. Social Media.

(1) A social media account established, created, used, or

authorized by a political committee or its agent for the purpose of

promoting or opposing a candidate, a prospective candidate, or the

approval or rejection of a question is campaign material as defined

under Election Law Article, §1-101(k), Annotated Code of Maryland.


C. Micro-Blog.

(1) A micro-blog established, created, used, or authorized by a

political committee or its agent for the purpose of promoting or

opposing a candidate, a prospective candidate, or the approval or

rejection of a question is campaign material as defined under Election

Law Article, §1-101(k), Annotated Code of Maryland.


D. (text unchanged)

E. Barcodes.

(1) A barcode established, created, used, or authorized by a

political committee or its agent for the purpose of promoting or

opposing a candidate, a prospective candidate, or the approval or

rejection of a question is campaign material as defined under

Election Law Article, §1-101(k), Annotated Code of Maryland.

(2) Authority Line Required.

(a) A political committee that establishes, creates, uses or

authorizes the creation, establishment, or use of a barcode shall

include the authority line required under Election Law Article, §13-

401(a)(1), Annotated Code of Maryland, within the publication or

distribution of the accompanying information or opinion.

(b) If the accompanying information or opinion publicized

or distributed is too small to include the authority line information

required under Election Law Article, §13-401(a), Annotated Code of

Maryland, in a legible manner, the political committee is in

compliance with the authority line requirement under Election Law

Article, §13-401(a), Annotated Code of Maryland, if:

(i) The accompanying information or opinion contains an

internet address of the political committee responsible for the

publication or distribution and allows the receiver of the

accompanying information or opinion to click on the internet address

and be taken to a landing or home page that prominently displays the

authority line information required under Election Law Article, §13-

401(a), Annotated Code of Maryland, of the political committee

responsible for the publication or distribution; or

(ii) In cases where the accompanying information or

opinion does not allow the receiver to click on an internet address,

the political committee notifies the State Board in writing of the

accompanying information or opinion contained in that barcode,

including any updates to that barcode, with the appropriate authority

line information required under Election Law Article, §13-401(a),

Annotated Code of Maryland, within 24 hours after the publication

or distribution of the barcode and accompanying information or

opinion.

(c) By the end of the next business day of receipt from a

political committee of the accompanying information or opinion

related to a barcode, the State Board shall make that information or

opinion along with the required authority line available to the public.

F. Application Software.

(1) Application software established, created, used, or

authorized by a political committee or its agent for the purpose of

promoting or opposing a candidate, a prospective candidate, or the

approval or rejection of a question is campaign material as defined

under Election Law Article, §1-101(k), Annotated Code of Maryland.

(2) Authority Line Required.

(a) A political committee that establishes, creates, uses or

authorizes the use of application software shall include the authority

line required under Election Law Article, §13-401(a)(1), Annotated

Code of Maryland, on all display pages for that application software

and within any information or opinion publicized or distributed using

that application software.

(b) If a display page for the application software or for

information or opinion publicized or distributed via the application

software is too small to include the authority line information

required under Election Law Article, §13-401(a), Annotated Code of

Maryland, in a legible manner, the political committee is in

compliance with the authority line requirement under Election Law

Article, §13-401(a), Annotated Code of Maryland if:

(i) The display page or information or opinion contains

an internet address of the political committee responsible for the

publication or distribution and allows the receiver of the display

page or information or opinion to click on the internet address or

hyperlink address and be taken to a landing or home page that

prominently displays the authority line information required under

Election Law Article, §13-401(a), Annotated Code of Maryland, of

the political committee responsible for the publication or

distribution; or


1009


(ii) In cases where the accompanying information or

opinion for application software does not allow the receiver to click

on the internet address or hyperlink address, the political committee

notifies the State Board in writing of the accompanying information

or opinion contained in that application software, including any

updates, with the appropriate authority line information required

under Election Law Article, §13-401(a), Annotated Code of

Maryland, within 24 hours after the publication or distribution of the

application software and accompanying information or opinion.

(c) By the end of the next business day of receipt from a

political committee of accompanying information or opinion related

to application software, the State Board shall make that information

or opinion along with the required authority line available to the

public.

.05 Retention.

A. Retention of Campaign Materials — In General. Except as

provided in §§B and C of this regulation, a political committee shall

retain a sample copy of each item of campaign material for at least 1

year after the general election next following the date when the

campaign material item was published or distributed.

B. Retention of Electronic Media Advertisement. For each item of

campaign material that is an electronic media advertisement, the

political committee shall retain a sample copy for at least 1 year after

the general election next following the date when the campaign

material item was published or distributed in:

(1) A paper format; or

(2) A non-rewriteable electronic medium that can produce

paper facsimile upon request.

C. Retention of Other Electronic Communications. For each

message or communication published or distributed by means of

social media, a micro-blog, application software, or bar code, the

political committee or candidate shall retain a detailed log of the

date and content of the text message or communications posted by the

candidate or political committee for at least 1 year after the general

election next following the date of the message or communication.

33.13.10 Prohibitions

Authority: Election Law Article, §§2-102(b)(4) [and], 13-218, 13-225, 13-236, 13-237, and 13-245, Annotated Code of Maryland

.02 Prohibited Contributions.

A. In General. A person may not make any contribution through

use of a legal entity that was not created for a bona fide purpose

unrelated to contributions. This prohibition does not apply to

contributions made through a political committee registered under

[Title 13 of the] Election Law Article, Title 13, Annotated Code of

Maryland.

B. Entity Receiving State Funds. An entity that receives over 50

percent of its funds from the State to cover its operating expenses

during a single year may not make any contributions to a political

committee for the rest of the election cycle in which the State funding

occurred.

C. Video Lottery Operation Licensee or Applicant. Except as

provided in §E of this regulation, a person may not make any

contributions to a political committee for the rest of the election cycle

once that person holds or controls at least a 5 percent interest in the

property or business that is:

(1) An applicant for a video lottery operation license; or

(2) A holder of a video lottery operation license.

D. Video Lottery Operation Licensee or Applicant — Same

Owners. If the person in §C of this regulation is a corporation, any

wholly owned corporations or other corporations owned by identical

shareholders of the person may not make any contributions to a

political committee for the rest of the election cycle.

E. Video Lottery Operation Licensee or Applicant — Exception. If

the person in §C of this regulation is an individual, the prohibition

does not apply to any legal entity owned or controlled by that

individual if the legal entity:

(1) Is organized for legitimate business purposes unrelated to

gaming; and

(2) Does not have a direct interest or ownership in the property

or business of an applicant or holder of a video lottery operation

license.

.03 Prohibited Expenditures.

A. Electoral Purpose. A political committee may only make

expenditures that are for an electoral purpose.

B. Prohibited Expenditures. Except as provided in §C of this

regulation, a political committee may not make an expenditure of

campaign funds, directly or indirectly, in any amount for:

(1) The personal use or the personal benefit of a candidate, the

candidate’s family, or any other individual;

(2) The mortgage, rent, or utilities for the personal residence of

a candidate or candidate’s family;

(3) A political endorsement;

(4) Expenses relating to the necessary and ordinary course of

holding political office, except if related to legislative newsletters

pursuant to Election Law Article, §13-408, Annotated Code of

Maryland; or

(5) Expenses not relating to the electoral purposes of the

political committee, except if permissible under Election Law Article,

§13-247, Annotated Code of Maryland.

C. Permissive Expenditures. A political committee may make a

direct expenditure to a political or advocacy committee or

organization not regulated by Election Law Article, Title 13,

Annotated Code of Maryland, only if:

(1) The expenditure serves an electoral purpose;

(2) The amount does not exceed $6,000; and

(3) The recipient of the expenditure is a:

(a) Non-federal out-of-State political committee;

(b) Municipal political committee located in Maryland;

(c) Political club; or

(d) Federal candidate.

LINDA H. LAMONE


Subtitle 15 PRECINCTS, POLLING

PLACES, AND FACILITIES

33.15.02 New or Changed Precincts

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 2-303(g),



[13-156-P]


under COMAR 33.15.02 New or Changed Precincts. This action

was considered by the State Board of Elections at its April 25, 2013,

meeting, notice of which was given in accordance with State



The purpose of this action is to establish when certain notices must

be made to voters.




1010






businesses.










.05 Notice to Voters.

A. (text unchanged)

B. How and When—General. Except as provided in §§C and D of

this regulation, the local board shall mail this notice to the affected

voters [at least] no later than 30 days after the change.

C. (text unchanged)

D. How and When — Redistricting and Reapportionment. For

changes due to redistricting or reapportionment, the local board

shall mail this notice to the affected voters according to the schedule

established by the State Administrator.

LINDA H. LAMONE


Subtitle 16 PROVISIONAL VOTING

33.16.05 Canvass of Ballots — Procedures

Authority: Election Law Article, 2-102(b)(4), 2-202(b), 9-402, 9-403, 9-404,

9-406, and 11-303(c) and (e), Annotated Code of Maryland


[13-157-P]


under COMAR 33.16.05 Canvass of Ballots — Procedures. This

action was considered by the State Board of Elections at its April 25,

2013, meeting, notice of which was given in accordance with State



The purpose of this action is to clarify when a provisional canvass

shall be held if the scheduled start of the canvass falls on a State

holiday.







businesses.










.02 Start of Canvass.

A. When Required.

(1) [The] Except as provided in §A(2) of this regulation, the

local board shall start to canvass the provisional ballots at 10 a.m. on

the second Wednesday after an election.

(2) If the start of a provisional canvass falls on a legal holiday,

the board shall convene the provisional canvass on the next regular

business day.

B. (text unchanged)

LINDA H. LAMONE


1011


Special Documents

DEPARTMENT OF THE ENVIRONMENT

ADVANCE NOTICE OF PROPOSED RULEMAKING (ANPRM) — 2013

TRIENNIAL REVIEW OF WATER QUALITY STANDARDS The Clean Water Act (CWA) requires that States review their water quality standards every three years (Triennial Review) and revise the

standards as necessary. A water quality standard consists of three parts:

Designated Uses that set goals for a water body. Examples are support of aquatic life, drinking water supply or a coldwater fishery such as

trout.

Criteria that support the designated uses. There are numerous criteria for chemical substances, bacteria, acidity and physical characteristics

(e.g., temperature). Examples include dissolved oxygen sufficient to support aquatic life or metals in sufficiently low concentrations that they

will not interfere with aquatic life.

Antidegradation policy. Maryland has a policy in place, and updates the list of high quality waters each triennium as needed.

The Maryland water quality standards are found in the Code of Maryland regulations (COMAR) at 26.08.01 – 26.08.02. Maryland regulations

may be accessed online at the Division of State Documents web site: www.dsd.state.md.us. Click on COMAR Online and enter the appropriate

regulatory reference.

MDE has successfully used the ANPRM process during previous Triennial Reviews. The ANPRM is an informal, non-regulatory tool used to

solicit input from stakeholders, prior to initiating the formal rule-making process. This gives stakeholders an opportunity to present

recommendations, voice concerns, and provide input to the State‘s water quality standards for MDE to consider for amendment and addition.

With this ANPRM, Maryland is soliciting public input on its current review of the Water Quality Standards. Issues that the MDE believes

should be addressed are presented below for public review. MDE will consider additional issues if the necessary data are available to make the

appropriate determination. A subsequent promulgation of new water quality standards may include issues not included in this proposal.

Comments on the following proposal and on additional issues that the public thinks should be addressed during this Triennial Review period

should be submitted to John Backus at [email protected] or by mail to Mr. Backus, Science Services Administration, Maryland

Department of the Environment, 1800 Washington Blvd, Baltimore MD 21230.

Schedule

Depending on the comments received in response to this notice, MDE plans to formally propose new and revised regulations by fall of 2013,

and submit a final notice on these regulations by the end of the year.

PROPOSED WATER QUALITY STANDARDS AMENDMENTS

DESIGNATED USES

During the current review of Maryland‘s water quality standards, careful consideration has been given to ensure waterbodies have appropriate

designated uses assigned to them and that the meaning of those uses is clear. Maryland currently assigns a ―Designated Use‖ to each waterbody.

For example, a waterbody may be given the designated use ―Use I-P - Water Contact Recreation, and Protection of Nontidal Warmwater

Aquatic Life, and Public Water Supply‖. This description gives the overall goal of the waterbody but does not provide, in detail, all of the

specific designated uses such as agricultural water supply, industrial water supply, fishing, etc. The name ―Use I-P‖ is more accurately, a group

or class of designated uses. Therefore, in the interest of consistency and clarity, MDE is proposing to rename ―Use‖ to ―Class‖. For example,

Use I-P will become Class I-P.

DEFINITIONS

Proposed definition for ―Class‖ - ―Class‖ means the combination of waterbody type (e.g. non-tidal) and designated uses given to each

waterbody.

STREAM SEGMENT DESIGNATIONS

Designated Use Changes

MDE has biological and temperature data identifying certain waterbodies whose designated use (class) may not be accurately captured. Certain

waterbodies that are currently designated as warmwater (Use I) or recreational trout waters (Use IV) maintain either a coldwater regime or have

coldwater obligate species, including trout, which are indicative of a natural coldwater environment. The CWA requires that the waterbody‘s

existing use be protected through appropriate designation. Table 1 shows those waterbodies for which MDE has data to support redesignation

(reclassification).

See Table 1 - Proposed Redesignations to Use III and III-P Class waters.

Stream Segment Coordinates

Regulation .08 (Stream Segment Designations) includes geographical coordinates as well as narrative language describing and defining the

extent of each waterbody and where the specific designated uses apply. In a few cases, the narrative descriptions or coordinates describing a

waterbody location need to be corrected and/or improved. In addition, multiple geographical coordinate systems are being used in this

regulation. MDE plans to standardize the coordinate system and use only latitude and longitude in decimal degree format.

http://www.dsd.state.md.us/

mailto:[email protected]

SPECIAL DOCUMENTS

1012


WATER QUALITY CRITERIA

Toxic Substances

MDE is proposing amendments and additions to the toxic substance criteria found in COMAR 26.08.02.03-2. These include an update to the

Selenium criteria (a formula), the addition of new criteria for the pesticides Carbaryl and Diazinon and the organic compound nonylphenol.

These new and revised criteria reflect updates to EPA‘s National Recommended Water Quality Criteria. In addition, a correction to the criteria

for alpha-BHC is necessary. The criteria currently are published incorrectly in COMAR. The criteria should apply only to human health.

Acute Selenium Criterion Amendment:

lug

f

lug

f

/82.12/9.185

1

21

Where f1 and f2 are the fractions of total selenium that are treated as selenite and selenate, respectively.

Ammonia Criteria Formulas for the acute and chronic criteria for ammonia, found in the footnotes for their respective tables, were found to have errors - likely a

result of transcribing and formatting into COMAR. MDE will propose corrections and formatting changes to these formulas, which are used to

calculate specific criteria based on the resources present.

Ammonia Criteria Corrections

The acute water quality criteria for total ammonia where salmonids may be present were calculated using the following equation, which may

also be used to calculate unlisted values: Acute water quality criteria for ammonia (salmonids present):

204.7204.7 101

0.39

101

275.0

pHpH

The acute water quality criteria for total ammonia where salmonids are absent were calculated using the following equation, which may also be

used to calculate unlisted values: Acute water quality criteria for ammonia (salmonids absent):

204.7204.7 101

4.58

101

411.0

pHpH

The freshwater chronic water quality criteria for total ammonia where fish early life stages may be present were calculated using the following

equation, which may also be used to calculate unlisted values:

Freshwater chronic water quality criterion for ammonia (fish early life stages present):

)1045.1,85.2(101

487.2

101

0577.0 )25(028.0

688.7688.7

T

pHpHMIN

The freshwater chronic water quality criteria for total ammonia where fish early life stages are absent were calculated using the following

equation, which may also be used to calculate unlisted values:

Freshwater chronic water quality criterion for ammonia (fish early life stages absent):

)7,25(028.0

688.7688.71045.1

101

487.2

101

0577.0 TMAX

pHpH

Color

The current water quality criterion for color applies to all waters except those designated as Use I-P. When this criterion was initially adopted, it

should have applied to all waters. However, Use I-P waters were inadvertently excluded. This correction will be proposed.

Restoration Variances

―Restoration Variance‖, as defined in COMAR 26.08.01.01 ―means a temporary exception to the water quality standards allowing

nonattainment of designated uses granted in situations where no enforcement action will be taken if the nonattainment is due to the existence of

one or more of the justifications in 40 CFR §131.10(g). Restoration variances will be reviewed every 3 years at a minimum as required by the

Clean Water Act and EPA regulations.‖

The following Chesapeake Bay Segments have been assigned restoration variances:

Chesapeake Bay Mainstem Segment 4 mesohaline (CB4MH)

Patapsco River mesohaline (PATMH)

Lower Chester River Mesohaline (CHSMH)

Eastern Bay Mesohaline (EASMH)

COMAR 26.08.02.02 C.(8)(h) further explains, ―The percentage of allowable exceedance for restoration variances is based on water quality

modeling and incorporates the best available data and assumptions. The restoration variances are temporary, and will be reviewed at a minimum

every three years, as required by the Clean Water Act and EPA regulations. The variances may be modified based on new data or assumptions

incorporated into the water quality model.‖

SPECIAL DOCUMENTS

1013


A combination of the Chesapeake Bay observed Water Quality data and the Chesapeake Bay Modeling framework is used to support the

development of Maryland‘s Chesapeake Bay water quality standards (i.e. those standards associated with Use II waters), criteria, TMDL, and

Watershed Implementation Plan. Since the development of the Bay TMDL (2010), and subsequent Phase I (2010) and Phase II (2012)

Watershed Implementation Plans, the existing data and modeling tools continue to confirm the same water quality variances that are adopted

into Maryland‘s water quality standards. Therefore, amendments to the restoration variances are not warranted at this time.

ANTIDEGRADATION

Based on recent biological monitoring information, eight high quality (Tier II) waters will be added to the current list of 236 high quality waters.

See Table 2. Proposed additions to list of Tier II Waters

FUTURE WATER QUALITY STANDARDS

Chloride Criterion for Maryland Surface Water

The State of Maryland currently does not have numeric criteria for chloride. The United States Environmental Protection Agency published

recommended numeric criteria for chloride ion in 1988. Updated numeric criteria (based on expanded toxicity information and relationships

between chloride toxicity and other water quality parameters) have been adopted by other states. Currently, there is a need for Maryland to

adopt numeric chloride criteria to aid in TMDL development and distinguish impaired waters from non-impaired waters. As a first step, MDE

has developed a draft numeric acute chloride criterion that is based on the updated numeric criteria. The criterion is 1) recalculated to exclude

toxicity values derived using taxa that inhabit brackish water; 2) modified to incorporate ionic matrix of Maryland streams; and 3) re-derived the

equation using only calcium ion (not hardness or sulfate) as the primary ameliorating factor. This criterion may be ready for proposal during

the current Triennial Review. If so, all associated technical and data reports will be made available to the public and interested stakeholders.

TABLE 1 -STREAM SEGMENT DESIGNATIONS

Proposed redesignations to Use III and III-P Class waters.

COMAR Description Current Use (Class)

Proposed Use

(Class) COMAR Limits LAT LONG

Shade Run and all tributaries I III 39.684455 -79.164149

Spiker Run and all tributaries I III 39.680001 -79.169868

North Branch Casselman River

and all tributaries I III 39.668538 -79.177741

Puzzley Run and all tributaries I III 39.721853 -79.232254

Unnamed tributary to the

Casselman River and all tributaries

to this unnamed tributary I III

Headwaters begin near intersection of

Route 40 and Chestnut Ridge Road 39.709365 -79.117389

Mill Run and all tributaries I-P III-P

Upstream from Route 220 McMullen

Highway 39.533653 -78.886174

Piney Creek and all tributaries I-P III-P

Upstream from Frostburg Watershed

boundary 39.721323 -78.960085

North Branch Potomac River I-P III-P

Mainstem only, From Jennings

Randolph Dam downstream to

confluence with Laurel Run near

Bloomington 39.474259 -79.105488

Wet Stone Branch and all

tributaries IV-P III-P 39.647146 -76.431712

Unnamed tributary to Deer Creek

and all tributaries to this unnamed

tributary IV-P III-P Near Rock Ridge Road 39.637940 -76.424561

Little Deer Creek and all


Elbow Branch and all tributaries IV-P III-P 39.618468 -76.169240

Unnamed tributary to the South

Branch Patapsco River at

Marriottsville and all tributaries to

this unnamed tributary I III 39.351956 -76.898985

Cowen Run and all tributaries I III 39.430809 -76.522574

Piney Branch and all tributaries I III 39.357049 -76.996543

Lanes Run and all tributaries IV-P III-P

Upstream of confluence with Indian

Springs Run 39.666906 -77.994074

White Sulfur Run and all


Fifteenmile Creek and all

tributaries IV-P III-P

Upstream of the intersection of

Fifteenmile Creek Road and Route 40 39.682419 -78.457543

Terrapin Run and all tributaries IV-P III-P Upstream from Route 68 39.668854 -78.433389

SPECIAL DOCUMENTS

1014


Spring Lick and all tributaries IV-P III-P 39.656160 -78.396852

Big Run (along Green Ridge) and

all tributaries I-P III-P 39.524737 -78.533497


Potomac River that flows through

Twigg Hollow and all tributaries

to this unnamed tributary I-P III-P

Upstream of terminus of Outdoor Club

Road 39.579220 -78.460902



Roby Hollow and all tributaries to

this unnamed tributary I-P III-P 39.588595 -78.429987



Devil‘s Alley and all tributaries to

this unnamed tributary I-P III-P 39.607699 -78.428234

Unnamed tributary to Sideling

Hill Creek at Piney Grove IV-P III-P

Upstream of the intersection of Orleans

Road and Route 40 39.705681 -78.377356

Unnamed Tributary to Sideling

Hill Creek that flows through

Swain Hollow and all tributaries

to this unnamed tributary IV-P III-P 39.678549 -78.340979

Munson Spring Branch and all

tributaries I-P III-P

Upstream from a point due north of the

Route 68 Exit 77 39.705626 -78.246756

Unnamed Tributary to Rattle Run

that flows through the Hickory

Ridge Unit and all tributaries to

this unnamed tributary IV-P III-P 39.692248 -78.022278

Unnamed Tributary to Little

Conococheague Creek at Polecat

Hollow Road and all tributaries to

this unnamed tributary I-P III-P

From confluence with Little

Conococheague parallel to Polecat

Hollow Road 39.691872 -77.939952

Middle Creek and all tributaries I-P III-P

Upstream of the confluence with an

unnamed trib south of Geaslin Drive 39.448829 -77.603343

Unnamed tributary to Talbot

Branch and all tributaries to this

unnamed tributary IV-P III-P

Stream‘s mouth is located near

intersection of Black Ankle Road and

Talbot Run Road 39.455887 -77.160651

Unnamed tributary to Talbot

Branch and all tributaries to this

unnamed tributary IV-P III-P

Stream‘s mouth is located 500 meters

east of the intersection of Black Ankle

Road and Talbot Run Road 39.454004 -77.154174

Unnamed tributary to Big Pipe

Creek and all tributaries IV-P III-P

Upstream from confluence with

another unnamed tributary just south of

Wine Road 39.675821 -76.941553

Unnamed tributary to Broad

Creek and all tributaries I-P III-P

Upstream of confluence with another

unnamed tributary 39.689695 -76.237823

Happy Valley Branch and all

tributaries I III

Upstream of Route 222 Bainbridge

Road 39.602124 -76.094247


Susquehanna River and all

tributaries I III 39.579619 -76.087854

Little Morgan Run and all

tributaries I III


unnamed tributary near Klees Mill

Road 39.436989 -76.987892

Bennett Creek and all tributaries I-P III-P


Unnamed tributary 39.302446 -77.217707

SPECIAL DOCUMENTS

1015


TABLE 2 - TIER II WATERS

Proposed additions to list of Tier II Waters:

Date Stream Name County 12-Digit Watershed From Lat

From

Long To Lat To Long Baseline:

2012 Beaver Run 2 Carroll 021309071057 39.51555 -76.93302 39.50302 -76.91245

Fish

IBI: 4.50 Benthic IBI: 4.00

2012 Bens Run 1 Baltimore 021309061018 39.31682 -76.79279 39.31402 -76.79400

Fish


2012 Buffalo Run 3 Garrett 050202010019 39.68781 -79.41738 39.68685 -79.41002

Fish


2012

Cattail Branch UT

1 Harford 021202020328 39.62017 -76.49403 39.63521 -76.49927

Fish


2012

Fisherman Creek

1

Saint

Mary‘s 021401030712 38.21065 -76.40307 38.19762 -76.41925

Fish


2012

Mattawoman

Creek 2

Charles,

Prince

George‘s 021401110786 38.65234 -76.90833 38.65252 -76.91689

Fish


2012 Swanson Creek 4 Charles 021311010892 38.56522 -76.76043 38.56323 -76.75701

Fish


2012

Zekiah Swamp

Run 7 Charles 021401080768 38.61910 -76.82968 38.61393 -76.83266

Fish


[13-11-33]

___________________________

SUSQUEHANNA RIVER BASIN

COMMISSION Commission Meeting

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: The Susquehanna River Basin Commission will hold

its regular business meeting on June 20, 2013, in Harrisburg,

Pennsylvania. Details concerning the matters to be addressed at the

business meeting are contained in the Supplementary Information

section of this notice.

DATE: June 20, 2013, at 1:30 p.m.

ADDRESS: North Office Building, Hearing Room 1 (Ground

Level), North Street (at Commonwealth Avenue), Harrisburg, Pa.

17120

FURTHER INFORMATION CONTACT: Richard A. Cairo,

General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717)

238-2436.

Opportunity to Appear and Comment:

Interested parties are invited to attend the business meeting and

encouraged to review the Commission‘s Public Meeting Rules of

Conduct, which are posted on the Commission‘s web site,

www.srbc.net. As identified in the public hearing notice referenced

below, written comments on the Regulatory Program projects and

proposed fee schedule that were the subject of the public hearing, and

are listed for action at the business meeting, are subject to a comment

deadline of June 3, 2013. Written comments pertaining to any other

matters listed for action at the business meeting may be mailed to the

Susquehanna River Basin Commission, 1721 North Front Street,

Harrisburg, Pennsylvania 17102-2391, or submitted electronically

through http://www.srbc.net/pubinfo/publicparticipation.htm. Any

such comments mailed or electronically submitted must be received

by the Commission on or before June 14, 2013, to be considered.

SUPPLEMENTARY INFORMATION: The business meeting will

include actions or presentations on the following items:

(1) presentation on upgrades to the Commission‘s Susquehanna Early

Warning System program; (2) election of officers for FY-2014;

(3) the proposed Water Resources Program; (4) release for public

review and comment of the 2013 update of the Comprehensive Plan

for the Water Resources of the Susquehanna River Basin;

(5) adoption of a FY-2015 budget; (6) amendments to its Regulatory

Program Fee Schedule; (7) ratification/approval of contracts and

grants; (8) Furman Foods, Inc. and Carrizo (Marcellus) LLC

compliance matters; and (9) Regulatory Program projects.

The Regulatory Program projects and the proposed Regulatory

Program Fee Schedule listed for Commission action are those that

were the subject of a public hearing conducted by the Commission on

May 23, 2013, and identified in the notice for such hearing, which

was published in 78 FR 24785, April 26, 2013. Please note that the

following additional project has been scheduled for rescission action:

Project Sponsor and Facility: Albemarle Corporation, Borough of

Tyrone, Blair County, Pa. (Docket Nos. 20010203 and 20010203-1).

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR

Parts 806, 807, and 808.

Dated: May 17, 2013.

THOMAS W. BEAUDUY

Deputy Executive Director

[13-12-27]

SPECIAL DOCUMENTS

1016


DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster. These handguns will be

officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

Under the Public Safety Article, §5-405, Annotated Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the

placement of any of those handguns on the Handgun Roster. Objections must be filed within 30 days after May 30, 2013. In addition, any

person may petition for the placement of an additional handgun on the Handgun Roster. Forms for objections or petitions may be obtained

from: Marlene Jenkins, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore, MD 21208

Manufacturer Model Name Model Number Caliber

Bersa Thunder 380 Combat .380 ACP

Canik 55 L-120 9 X 19 mm

Girsan MC 1911 S .45 ACP

Glock 30 S .45 ACP

Glock 30 Gen4 .45 ACP

Glock 29 Gen4 10 mm

Glock 20 Gen4 10 mm

Glock 33 Gen4 .357 Sig

Heckler & Koch P2000 .357 Sig

Para USA, Inc. Expert Commander 96748 .45 ACP

Rock Island Government Hi-Cap Government 1911 A-2 .22 TCM

Rossi Plinker R98106 .22 LR

Sar Arms SAR B6P 9mm

Sar Arms K2 170840, 170843 .45 ACP

Sig Sauer/Sigarms Inc. M11-A1 9 X 19 mm

Sturm Ruger SR1911 CMD 6702 .45 ACP

Sturm Ruger 22/45 Lite 3903 .22LR

Walther PPQ M2 2796066 9mm, .40 S&W

[13-11-29]

1017


General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone

planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the

agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

BOARD OF CHIROPRACTIC AND

MASSAGE THERAPY EXAMINERS

Subject: Public Meeting

Date and Time: June 13, 2013, 10 a.m.

Place: 4201 Patterson Ave., Rm. 108-109,

Baltimore, MD

Add’l. Info: This will be an abbreviated

General Session meeting of the MD Board

of Chiropractic & Massage Therapy

Examiners solely to vote for Board

Officers, positions commencing July 1,

2013. The Next General Session Meeting is

10 a.m., on June 20, 2013, at which time a

final vote will be taken on proposed

regulatory revisions to COMAR 10.43.01

et seq. The public is welcome for all

General Sessions.

Contact: Emily Jones (410) 764-4665

[13-11-28]

BOARD OF CHIROPRACTIC AND

MASSAGE THERAPY EXAMINERS



Place: 4201 Patterson Ave., Rm. 108/109,

Baltimore, MD

Contact: Emily Jones (410) 764-4665

[13-11-14]

COMMUNICATIONS TAX REFORM

COMMISSION


Date and Time: June 12, 2013, 1 — 4 p.m.

Place: Louis L. Goldstein Treasury Bldg.,

80 Calvert St., Annapolis, MD

Contact: Linda (410) 260-7833

[13-11-25]

BOARD OF COSMETOLOGISTS


Date and Time: July 1, 2013, 10 a.m. —

4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Add’l. Info: Centre St. Entrance

Contact: Robert Wood (410) 230-6195

[13-11-17]

CRIMINAL JUSTICE INFORMATION

ADVISORY BOARD



Place: Judiciary Education and Training

Center, 2009-D Commerce Park Dr.,

Training Rms. I and II, Annapolis, MD

Contact: Robyn Lyles (410) 585-3185

[13-11-21]

MARYLAND STATE BOARD OF

EDUCATION


Date and Time: June 25, 2013, 9 a.m. — 5

p.m.; July 23, 2013; 9 a.m. — 5 p.m.

Place: 200 W. Baltimore St., Baltimore,

MD

Add’l. Info: The State Board of Education

is pleased to receive oral public

comment at each of its regular monthly

meetings. In order to allow the State

Board sufficient time for its other business,

the total time allotted to public comment

will generally be limited to 30 minutes.

Individuals seeking to speak to the

Board will be given 3 minutes each.

Persons desiring to speak to the State

Board, must call (410-767-0467) or email

([email protected]) the Board

office no earlier than 1 week prior to the

meeting to register to speak. Registration

will be accepted on a first-come, first-

served basis. In order to make the limited

time available most effective, speakers are

urged to provide multiple written copies of

their comments or other material

amplifying their views.

Contact: Charlene Necessary (410) 767-

0467

[13-11-10]

ELEVATOR SAFETY REVIEW

BOARD


Date and Time: June 21, 2013, 10 a.m. —

12 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Contact: Raquel M. Meyers (410) 230-

6379

[13-11-07]

STATEWIDE EMERGENCY

MEDICAL SERVICES ADVISORY

COUNCIL (SEMSAC)



Place: 653 W. Pratt St., Ste. 212,

Baltimore, MD

Add’l. Info: The State Emergency Medical

Services Advisory Council (SEMSAC)

meets regularly on the 1st Thursday of each

month.

Contact: Leandrea Gilliam (410) 706-4449

[13-11-09]

EMERGENCY MEDICAL SERVICES

BOARD


Date and Time: June 11, 2013, 9 — 11

a.m.; part of the meeting may include a

closed session

Place: 653 W. Pratt St., Ste. 212,

Baltimore, MD

Add’l. Info: The State Emergency Medical

Services Board (EMS Board) meets

regularly on the 2nd Tuesday of each

month.

Contact: Leandrea Gilliam (410) 706-4449

[13-11-08]

MARYLAND INSTITUTE FOR

EMERGENCY MEDICAL SERVICES

SYSTEMS (MIEMSS)

Subject: Listing of Cardiac Interventional

Centers Requesting Reverification of

Status and Call for Applications from

Hospitals Wishing to Be Considered for

Designation

Place: 653 W. Pratt St., Baltimore, MD

Add’l. Info: Pursuant to COMAR 30.08.02C,

the Maryland Institute for Emergency

Medical Services Systems gives notice that

the following hospitals have requested

reverification as a Cardiac Interventional

Center: Anne Arundel Medical Center;

Baltimore Washington Medical Center;

Carroll Hospital Center; Franklin Square

Medical Center; Frederick Memorial

Hospital; Holy Cross Hospital; Howard

County General Hospital; Johns Hopkins

Bayview Medical Center; The Johns Hopkins

Hospital; Meritus Medical Center; Peninsula

Regional Medical Center; Prince George‘s

Hospital Center; Shady Grove Adventist

Hospital; Sinai Hospital; Southern Maryland

Hospital Center; St. Agnes Hospital; St.

GENERAL NOTICES

1018


Joseph Medical Center; Suburban Hospital;

University of Maryland Medical Center;

Union Memorial Hospital; Upper Chesapeake

Medical Center; Washington Adventist

Hospital; and Western Maryland Regional

Medical Center.

Any person with knowledge of any

reason why any of the above listed

hospitals should not be reverified and

redesignated is requested to submit a

written statement of the reason to

MIEMSS by June 28, 2013.

In addition, pursuant to COMAR

30.08.02.03C, hospitals not designated

who wish to be considered for designation

as a Cardiac Interventional Center should

submit a written letter of intent to the

office listed above. Letters of intent are

due to MIEMSS by July 30, 2013. For

more information contact Lisa Myers,

Director Cardiac and Special Programs at

(410) 706-4740 or email

[email protected].

Contact: Leandrea Gilliam (410) 706-

4449

[13-11-48]

BOARD FOR PROFESSIONAL

ENGINEERS



Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Pamela J. Edwards (410) 230-

6262

[13-11-34]

FIRE PREVENTION COMMISSION


Date and Time: June 18, 2013, 11:30 a.m.

Place: Roland E. Powell Convention

Center, 4001 Coastal Hwy., Ocean City,

MD

Contact: Heidi Ritchie (877) 890-0199

[13-11-26]

DEPARTMENT OF HEALTH AND

MENTAL

HYGIENE/LABORATORIES

ADMINISTRATION

Subject: Call for Pharmacist Nominations

for Drug Utilization Review(DUR) Board

Add’l. Info: The Maryland Department of

Health and Mental Hygiene Drug

Utilization Review (DUR) Board is

currently recruiting for two pharmacists to

serve on the Maryland DUR Board

beginning in September 2013.

The implementation of the Omnibus

Budget Reconciliation Act of 1990 requires

that the Maryland Department of Health

and Mental Hygiene establish a DUR

Board. The DUR Board is comprised of

both physicians and pharmacists and has

been in operation since November 1992.

The activities of the DUR Board include:

• Overseeing retrospective and

prospective DUR within the Maryland

Medicaid Program.

• Approving DUR criteria and standards.

• Making recommendations concerning

education and other types of

interventions based on prospective and

retrospective DUR findings.

• Preparing an annual report for

submission to the Centers for Medicare

and Medicaid (CMS) describing the

nature and scope of the DUR program,

summarizing educational/interventional

strategies used, and estimating cost

savings generated.

• Reviewing individual recipient profiles

and make recommendations to restrict

patients who might be abusing Medicaid

prescription drugs.

The DUR Board has quarterly 3-hour

meetings in the Baltimore area. Meetings

are normally scheduled on a Thursday

morning during the months of March, June,

September, and December.

The membership of the Maryland DUR

Board includes health care professionals

who have recognized knowledge and

expertise in one of the following areas:

(1) The clinically appropriate

prescribing of outpatient drugs.

(2) The clinically appropriate dispensing

and monitoring of outpatient drugs.

(3) Drug use review, evaluation and

intervention.

(4) Medical quality assurance.

For an application packet, please contact

Gina Homer at The Maryland Medicaid

Pharmacy Program at 410-767-1749 or via

email at [email protected].

The application deadline is June 14,

2013.

Contact: Gina Homer (410) 767-1749

[13-11-18]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)



— 12 p.m.


Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[13-11-02]

DEPARTMENT OF HUMAN

RESOURCES

Subject: Public Hearing


12 p.m.

Place: Govans - Northern Community

Action Center, 5225 York Rd., Community

Rm., Baltimore, MD

Add’l. Info: A public hearing will be held

to solicit comments for the Low-Income

Home Energy Assistance Program

(LIHEAP) State Plan that will be submitted

to the U.S. Department of Health and

Human Services, Administration for

Children and Families, Office of

Community Services, Division of Energy

Assistance. Written comments regarding

the Plan must be submitted no later than 4

p.m., June 27, 2013, to Greg Sileo,

Director, Office of Home Energy

Programs, Department of Human

Resources, Family Investment

Administration, 311 W. Saratoga Street,

Baltimore, MD 21201.

Contact: Greg Sileo (410) 767-7415

[13-11-22]

DEPARTMENT OF HUMAN

RESOURCES



12 p.m.

Place: Talbot County Neighborhood

Service Center, 126 Port St., Conference

Rm., Easton, MD

Add’l. Info: A public hearing will be held

to solicit comments for the Low-Income

Home Energy Assistance Program

(LIHEAP) State Plan that will be submitted

to the U.S. Department of Health and

Human Services, Administration for

Children and Families, Office of

Community Services, Division of Energy

Assistance. Written comments regarding

the Plan must be submitted no later than 4

p.m., June 27, 2013, to Greg Sileo,

Director, Office of Home Energy

Programs, Department of Human

Resources, Family Investment

Administration, 311 W. Saratoga Street,

Baltimore, MD 21201.

Contact: Cardeaner Robinson (410) 763-

6745

[13-11-23]

mailto:[email protected].

GENERAL NOTICES

1019


MARYLAND INSURANCE

ADMINISTRATION


Date and Time: July 24, 2013, 9:30 a.m.

Place: Maryland Insurance Administration,

200 St. Paul Pl., 24th Fl. Hearing Rm.,

Baltimore, MD

Add’l. Info: The purpose of the hearing is

to gather information to help inform the

Commissioner‘s determinations regarding

premium rate filings submitted by

American Progressive Life and Health

Insurance Company of New York and

Genworth Life Insurance Company

(―Insurers‖) for certain guaranteed

renewable long-term care insurance

products.

Those who wish to testify at the hearing

must notify the MIA in writing by July 15,

2013. Such notice should be directed to

Maria Fisher, Executive Assistant to the

Commissioner, Maryland Insurance

Administration, 200 St. Paul Place, Suite

2700, Baltimore, Maryland 21202,

[email protected].

Any written testimony or exhibits also

should be submitted to Ms. Fisher‘s

attention no later than July 15, 2013.

Individuals who require reasonable

accommodations to participate in the

hearing should contact Ms. Fisher at 410-

468-2013 within 7 days prior to the

hearing.

Contact: Maria Fisher (410) 468-2013

[13-11-30]

MARYLAND INSURANCE

ADMINISTRATION


Date and Time: July 31, 2013, 2 p.m. — 4

p.m.

Place: 200 St Paul Pl., 24th Fl. Hearing

Rm., Baltimore, MD

Add’l. Info: Meeting of the Workgroup on

Access to Habilitative Services Benefits

Contact: Tinna Damaso Quigley (410)

468-2202

[13-11-38]

MARYLAND INSURANCE

ADMINISTRATION


Date and Time: August 7, 2013, 9:30 a.m.

— 11:30 a.m.

Place: 200 St. Paul Pl., 24th Fl. Hearing

Rm., Baltimore, MD




468-2202

[13-11-39]

MARYLAND INSURANCE

ADMINISTRATION


Date and Time: August 22, 2013, 9:30 —

11:30 a.m.


Rm., Baltimore, MD




468-2202

[13-11-40]

MARYLAND INSURANCE

ADMINISTRATION


Date and Time: September 18, 2013, 9:30

a.m. — 11:30 a.m.


Rm., Baltimore, MD




468-2202

[13-11-41]

STATE ADVISORY BOARD FOR

JUVENILE SERVICES



Place: Maryland Judiciary Education and

Conference Center, 2011D Commerce Park

Dr., Annapolis, MD

Contact: Tim Gilbert (410) 627-5318

[13-11-42]

BOARD OF EXAMINERS OF

LANDSCAPE ARCHITECTS


Date and Time: June 17, 2013, 1:30 p.m.

Place: 50 N. Calvert St., 3rd Fl. Conf. Rm.,

Baltimore, MD


6262

[13-11-36]

MARYLAND HEALTH CARE

COMMISSION


Date and Time: June 20, 2013, 1 p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[13-11-11]

MARYLAND HEALTH CARE

COMMISSION

Subject: Formal Start of Review — Notice

of Docketing

Add’l. Info: The Maryland Health Care

Commission (MHCC) hereby gives notice

of docketing of the following applications

for renewal of a waiver to provide primary

percutaneous intervention in a hospital

without on-site cardiac surgery:

Shady Grove Adventist Hospital

(Docket No. 13-15-0070 WR)

MedStar Southern Maryland Hospital

Center (Docket No. 13-16-0071 WR)

The MHCC shall review the

applications under COMAR 10.24.17.

Please refer to the Docket Numbers listed

above in any correspondence on the

applications. The applications are available

for review in the office of the MHCC

during regular business hours by

appointment. All correspondence should be

addressed to Paul Parker, Director, Center

for Hospital Services, Maryland Health

Care Commission, 4160 Patterson Avenue,

Baltimore, Maryland 21215.

Contact: Paul Parker (410) 764-3261

[13-11-43]

MARYLAND PUBLIC

BROADCASTING COMMISSION


Date and Time: June 26, 2013, 5:30 p.m.

Place: Maryland Public Television, 11167

Owings Mills Blvd., Owings Mills, MD

Contact: Sharon Abernathy (410) 581-

4141

[13-11-32]


NURSING HOME ADMINISTRATORS



Place: 4201 Patterson Ave., Rm. 110,

Baltimore, MD

Contact: Patricia A. Hannigan (410) 764-

4750

[13-11-12]

BOARD OF OCCUPATIONAL

THERAPY PRACTICE



— 2 p.m.

Place: Spring Grove Hospital Center, 55

Wade Ave., Catonsville, MD

Add’l. Info: Health Occupations Article,

Title 10, Annotated Code of Maryland, and

COMAR 10.46 amendments, additions,

and revisions, including fee changes, may

be discussed/voted on. Budget information

may also be discussed. It may be necessary


GENERAL NOTICES

1020


to go into executive session. Sign

interpreters and/or appropriate

accommodations for qualified individuals

with disabilities will be provided upon

request. Please call 1-800-735-2255.

Contact: Marilyn Pinkney (410) 402-8556

[13-11-16]

BOARD OF PILOTS




Rm., Baltimore, MD


6262

[13-11-35]

BOARD OF PLUMBING



12:30 p.m.

Place: 500 North Calvert St., Rm. 302,

Baltimore, MD

Contact: Brenda Clark (410) 230-6164

[13-11-15]

BOARD OF PODIATRIC MEDICAL

EXAMINERS


Date and Time: June 13, 2013, 1 p.m.


Baltimore, MD

Contact: Sheri Henderson (410) 764-4785

[13-11-03]


EXAMINERS


Date and Time: July 11, 2013, 1 p.m.


Baltimore, MD


[13-11-04]


EXAMINERS


Date and Time: September 12, 2013, 1

p.m.


Baltimore, MD


[13-11-05]


PSYCHOLOGISTS



12 p.m.

Place: 4201 Patterson Ave., Conf. Rm.

110, Baltimore, MD

Add’l. Info: Sign language interpreters/other

appropriate accommodations for qualified

individuals with disabilities will be provided

upon request. Proposed changes to COMAR

may be discussed.

Contact: Dorothy Kutcherman (410) 764-

4703

[13-11-24]

RACING COMMISSION


Date and Time: June 18, 2013, 12:30 — 1

p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-

2682

[13-11-20]

COMMISSION OF REAL ESTATE

APPRAISERS AND HOME

INSPECTORS



— 12 p.m.

Place: 500 N. Calvert St., Baltimore, MD

Contact: Patti Schott (410) 230-6165

[13-11-01]

STATE RETIREMENT AGENCY



Place: SunTrust Bldg., 120 E. Baltimore

St., 16th Fl. Boardroom, Baltimore, MD

Add’l. Info: Meeting date and location are

subject to change. Anyone interested in

attending should contact the Retirement

Agency for confirmation. Please note that

the meeting may include a closed session.

Sign language interpreters and/or

appropriate accommodations for qualified

individuals with disabilities will be

provided upon request. Please call 410-

625-5609 or 1-800-735-2258 (TTY).

Contact: Angie Jenkins (410) 625-5609

[13-11-13]

Updated on 5-1-2013

COMAR IN PDF — ORDER FORM

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Title 04 General Services $16 $10 _____ _____

Title 05 Housing and Community Development $78 $50 _____ _____

Title 07 Human Resources $80 $53 _____ _____

Title 08 Natural Resources $78 $51 _____ _____

Title 09 Labor, Licensing and Regulation $89 $60 _____ _____

Title 10 Health & Mental Hygiene (All parts) ** $272 $180 _____ _____

Title 10 Part 1 ** $48 $32 _____ _____

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Title 13A Board of Education $63 $42 _____ _____

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Title 15 Agriculture $48 $30 _____ _____

Title 16 Juvenile Service $23 $15 _____ _____

Title 17 Budget and Management $28 $16 _____ _____

Title 18 Assessments and Taxation $20 $12 _____ _____

Title 19A State Ethics Commission $24 $14 _____ _____

Title 20 Public Service Commission $49 $32 _____ _____

Title 21 State Procurement Regulations $48 $30 _____ _____

Title 22 State Retirement and Pension System $22 $13 _____ _____

Title 23 Board of Public Works $18 $11 _____ _____

Title 24 Business and Economic Development $34 $20 _____ _____

Title 25 State Treasurer $16 $9 _____ _____

Title 26 Environment (All parts) ** $189 $125 _____ _____

Title 26 Part 1 ** $54 $35 _____ _____

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Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 _____ _____

Title 28 Office of Administrative Hearings $16 $9 _____ _____

Title 29 State Police $30 $18 _____ _____

Title 30 MD Institute for Emergency Medical Services Systems $25 $17 _____ _____

Title 31 Maryland Insurance Administration $68 $45 _____ _____

Title 32 Aging $25 $15 _____ _____

Title 33 State Board of Elections $42 $25 _____ _____

Title 34 Planning $31 $18 _____ _____

Title 35 Veterans Affairs $16 $9 _____ _____

Title 36 Maryland State Lottery and Gaming Control Agency - Pending _____ _____

Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 _____ _____

Total: _____

Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title

2 Annual Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title

quantities.

** See the following pages for description of contents

Updated on 5-1-2013

COMAR IN PRINT — ORDER FORM (8 ½ x 11 format)

Titles Agency Name Price1 Subscription

2 Quantity Total

Complete set of COMAR (includes binders) $1,400 $700 _____ _____

Title 01 Executive Department $47 $30 _____ _____

Title 02 Office of the Attorney General $31 $20 _____ _____

Title 03 Comptroller of the Treasury $41 $25 _____ _____

Title 04 General Services $23 $12 _____ _____

Title 05 Housing and Community Development $103 $70 _____ _____

Title 07 Human Resources $104 $70 _____ _____

Title 08 Natural Resources $102 $70 _____ _____

Title 09 Labor, Licensing and Regulation $116 $75 _____ _____

Title 10 Health & Mental Hygiene (All Parts)** $345 $230 _____ _____

Title 10 Part 1 ** $65 $40 _____ _____

Title 10 Part 2 ** $99 $70 _____ _____

Title 10 Part 3 ** $99 $70 _____ _____

Title 10 Part 4 ** $69 $42 _____ _____

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Title 11 Transportation (All parts) ** $137 $85 _____ _____

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Title 12 Public Safety and Correctional Services $86 $55 _____ _____

Title 13A Board of Education $83 $60 _____ _____

Title 13B Higher Education Commission $34 $20 _____ _____

Title 14 Independent Agencies $112 $75 _____ _____

Title 15 Agriculture $63 $40 _____ _____

Title 16 Juvenile Service $32 $20 _____ _____

Title 17 Budget and Management $38 $25 _____ _____

Title 18 Assessments and Taxation $28 $18 _____ _____

Title 19A State Ethics Commission $33 $20 _____ _____

Title 20 Public Service Commission $64 $42 _____ _____

Title 21 State Procurement Regulations $65 $42 _____ _____

Title 22 State Retirement and Pension System $33 $18 _____ _____

Title 23 Board of Public Works $26 $15 _____ _____

Title 24 Business and Economic Development $47 $25 _____ _____

Title 25 State Treasurer $23 $12 _____ _____

Title 26 Environment (All parts) ** $241 $160 _____ _____

Title 26 Part 1 ** $72 $42 _____ _____

Title 26 Part 2 ** $109 $72 _____ _____

Title 26 Part 3 ** $76 $50 _____ _____

Title 26 Part 4 ** $51 $30 _____ _____

Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 _____ _____

Title 28 Office of Administrative Hearings $23 $12 _____ _____

Title 29 State Police $40 $22 _____ _____

Title 30 MD Institute for Emergency Medical Services Systems $34 $20 _____ _____

Title 31 Maryland Insurance Administration $90 $62 _____ _____

Title 32 Aging $34 $18 _____ _____

Title 33 State Board of Elections $57 $35 _____ _____

Title 34 Planning $42 $25 _____ _____

Title 35 Veterans Affairs $23 $12 _____ _____

Title 36 Maryland State Lottery and Gaming Control Agency - Pending _____ _____

Binders $15 S & H $9.00 _____ _____

Shipping & Handling Total: _________ Order Total: _____ 1 Price is per copy of each Title Binder included with purchase of Title

2 Annual Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities.

** See the following pages for description of contents

Note: COMAR prices are subject to change. Check

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If the form is more than two months old, call the

COMAR Subscription Manager (410-260-3876) to

confirm prices. Fees are not refundable.

Shipping/Handling

Publication Total Shipping

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$ 151-300 $25

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$400 + please call Subscription Department.

State agencies using courier, may omit S&H

Updated on 5-1-2013

COMAR ORDER INFORMATION SHEET

Date ____________________________ Subscriber I.D. _____________________________

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SPECIAL PUBLICATIONS

Publication / Handbook

Print

Price S & H Quantity Total

Control of Ionizing Radiation (including supplements up to 22) $163 $12 _____ _____

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Forest Conservation Law $20 $9 _____ _____

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Edition, 1997 $25 $9 _____ _____

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Total _____

If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

SUPPLEMENT UPDATE SCHEDULES

PDF QUARTERLY UPDATES PRINT SEMI-ANNUAL UPDATES

After March 30th After June 30

th

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st

After September 30th

After December 31st

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PRINT – Entire chapters affected will be sent for replacement and insertion into COMAR title book(s).

CODE OF MARYLAND REGULATIONS

Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately.

Title 10 Department of Health and Mental Hygiene: Part & Subtitles

Part 1 01 Procedures 02 Division of Reimbursements 03 Health Statistics 04 Fiscal 05 Freestanding Ambulatory Care Facilities 06 Diseases 07 Hospitals 08 Health Facilities Grants Part 2 09 Medical Care Programs Part 3 10 Laboratories 11 Maternal and Child Health 12 Adult Health 13 Drugs 14 Cancer Control 15 Food 16 Housing 17 Sanitation 18 Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) 19 Dangerous Devices and Substances 20 Kidney Disease Program 21 Mental Hygiene Regulations 22 Developmental Disabilities Part 4 23 Advance Directive Registry 24 Maryland Health Care Commission 25 Maryland Health Care Commission 26 Board of Acupuncture 27 Board of Nursing 28 Board of Examiners in Optometry 29 Board of Morticians and Funeral Directors 30 Commission on Kidney Disease 31 Health Occupation Boards 32 Board of Physicians 33 Board of Examiners of Nursing Home Administrators 34 Board of Pharmacy 35 Postmortem Examiners Commission 36 Board of Examiners of Psychologists Part 5 37 Health Services Cost Review Commission 38 Board of Physical Therapy Examiners 39 Board of Nursing – Certified Nursing Assistants 40 Board of Podiatric Medical Examiners 41 Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists 42 Board of Social Work Examiners 43 Board of Chiropractic and Massage Therapy Examiners 44 Board of Dental Examiners 45 Maryland Community Health Resources Commission

46 Board of Occupational Therapy Practice 47 Alcohol and Drug Abuse Administration 48 Child Abuse and Neglect Medical Reimbursement Program 49 State Anatomy Board 50 Tissue Banks 51 Forensic Laboratories 52 Preventive Medicine 53 Board of Nursing—Electrology Practice Committee 54 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies

Title 11 Department of Transportation – Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 State Railroad Administration 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration – Administrative Procedures 12 MVA – Licensing of Businesses and Occupations 13 MVA – Vehicle Equipment 14 MVA – Vehicle Inspections 15 MVA – Vehicle Registration 16 MVA – Vehicle Operations 17 MVA – Driver Licensing and Identification Documents 18 MVA – Financial Responsibility Requirements 19 MVA – School Vehicles 20 MVA – Motorcycle Safety Program 21 MVA – Commercial Motor Vehicles 22 MVA – Preventive Maintenance Program 23 MVA – Drivers’ Schools, Instructors, Driver Education Program Title 26 Department of the Environment – Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control

Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances ― Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security

Last Updated 2/2013

Maryland Register

Archive Order Form

The Division of State Documents has created pdf files of all the Maryland Register issues since

1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as

such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.

Single issues of the Maryland Register from 1974—present

_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________

_____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________

An archival library of all Maryland Register issues from 1974—2003:

_____ $375 2 DVDs (1974 — 2010)

_____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______________________________

_____ $100 A single year of issues from 2004 forward will be available in January of the

year following their publication. These will be searchable, on CD.

Please specify: 2004 2005 2006 2007 2008 2009 2010 2011

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed

or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and

will not sell or give the product to another individual or entity.

Please order by faxing the

completed form to:

Fax: 410-280-5647

By mailing it to:


State House

Annapolis, MD 21401

By email to:

[email protected]

By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

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1/2012

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Maryland Register Print and E-Version Order Form

The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

See separate Order Form for the Maryland Register Archive Issues from 1974 — 2011.

_____ $225 A single year of print 1st Class Mail Delivery.

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file of each issue, emailed directly to one recipient’s email address. _____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed

or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and

will not sell or give the product to another individual or entity.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401 By email to:

[email protected] By calling: 410-260-3876

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Last updated on 1/2012

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COMAR 10.07.01 Acute General Hospitals and Special Hospitals — Aug 2010 $10 × ____

COMAR 10.07.02 Comprehensive Care Facilities and Extended Care Facilities — Feb 2011 $15 × ____

COMAR 10.07.03 Nursing Staff Agencies — Feb 2008 $ 9 × ____

COMAR 10.07.05 Residential Service Agencies — May 2012 $11 × ____

COMAR 10.07.06 Hospital Patient Safety Program — Apr 2004 $ 8 × ____

COMAR 10.07.07 Nursing Referral Service Agencies — Dec 2006 $ 8 × ____

COMAR 10.07.09 Residents’ Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities — Mar 2010 $ 9 × ____

COMAR 10.07.10 Home Health Agencies — Aug 2002 $ 8 × ____

COMAR 10.07.11 Health Maintenance Organizations — Aug 2010 $10 × ____

COMAR 10.07.14 Assisted Living Programs — July 2012 $15 × ____

COMAR 10.07.21 Hospice Care Programs — Sep 1998 $ 9 × ____

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9/12

* Price of pamphlets includes shipping.